Section 482 Cr.p.c. and Section 320 Cr.p.c. – In crimes which seriously endangers the well being of the society, it is not safe to leave the crime doer only because he and the victim have settled the dispute amicably.
he petitioner/accused has represented himself as Shiva and on that pretex the entered into physical relationship with the respondent No.2/complaint. The Status Report also indicates that the petitioner has prepared a forged marriage certificate.
An offence of rape is an offence against the society at large and apart from offence under Section 376, the petitioner is also accused of committing offences under Sections 419,467,468,471,474,506 and 34 IPC.
This Court is not in a position to quash the FIR on the basis of compromise entered into between the parties and wherein it is stated that the petitioner/accused and the respondent No.2/complaint have decided to stay as husband and wife and lead their peaceful marital life.It has been repeatedly stated by the Supreme Court that when parties reach settlement and on that basis a petition is filed for quashing criminal proceedings, the guiding factor for the High Court before quashing the complaint in such cases would be to secure;
a) ends of justice,
b) to prevent abuse of process of any court.
The High Court has to form an opinion on either of the aforesaid two objectives. This is not a matrimonial dispute between the husband and wife for the reason that the petitioner has not married the respondent No.2.
It is the allegation of the complainant that the petitioner Akhtar falsely represented himself as Shiva and promised marriage to the respondent No.2/complainant and had physical relationship with her.The marriage certificate is found to be fake one and in any event, the petitioner could not have married the respondent No.2/complainant in Arya Samaj Mandir according to the Hindu Vedic Rites and Customs.
A reading of the allegations in the FIR and the Status Report, it is evident that the petitioner has been accused of serious offences like rape and forgery having a bearing on vital societal interest and these offences cannot be construed to be merely private or civil disputes but rather will have an effect on the society at large.In crimes which seriously endangers the well being of the society, it is not safe to leave the crime doer only because he and the victim have settled the dispute amicably.
Accordingly, the present petition is dismissed along with the pending application.