'In View Of Marriage Of Accused With Victim, Trial To Be Futile':Gujarat HC Quashes FIR For Rape Of Minor [Read Judgment]

The F.I.R. was lodged for the offences punishable under Sections 363 [kidnapping], 366 [kidnapping woman for compelling marriage] and 376(2)(n)[repeated rape on same woman] of the Indian Penal Code and under Sections 4, 5(1) [sexual assault on child by on duty police officer] and 6(1) of POCSO Act, 2012.

Justice Ashokkumar C. Joshi noted that the Supreme Court in Narender Singh & Others vs. State of Punjab and Another (2014) 6 SCC 466 has observed that heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. The Court also referred to the landmark decisions of Supreme Court in case of Parbatbhai Aahir vs. State of Gujarat 2017 SCC online SC 1189 and in case of State of Madhya Pradesh vs. Laxmi Narayan and Others (2019) 5 SCC 688, which reiterate the same principle.

However, the Judge declared that "Therefore, with respect, latest law is not applicable to the present case."

The Judge opined that normally, the Court would not entertain the quashing petition in serious offences like offences under Sections 376 and 302 of the IPC. However, the Court then stated that in the present case, when the settlement is arrived at between the applicant-accused and the complainant, and the applicant-accused and victim both have married with each other, therefore, the Court is inclined to entertain the petition.

"Further, there is amicable settlement arrived at between the complainant and the accused person by way of an affidavit and also the applicant and the victim have been entered into marriage life, it would be futile exercise if the trial shall take place and the purpose of the judicial process would not be served and therefore in humble view of this Court, it would be just and proper to quash the aforesaid FIR."Justice Joshi expressed his view.

In passing the order for quashing the FIR, the bench took note of the complainant's affidavit averring that "in the present case, the impugned FIR was lodged in hot haste", but "with intervention of relatives and common friends full and final amicable settlement has taken place between the complainant and the accused and victim girl and accused got married dated 07.07.2020"

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