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Judgment
S.R. Brahmbhatt, J.—Heard learned Counsel for the Petitioners. Rule. Learned APP and learned advocate for Respondent No. 1 waives service of notice of rule. Rule is fixed forthwith.
Learned Counsel for the Petitioners as well as complainant have placed on record the affidavit filed by their respective clients, including complainant lady indicating therein that the original act of complaint being not compoundable and parties have settled the dispute and the dispute is settled bonafide without any coercion or other means, the complaint in question be quashed, or else the complainant also might have to suffer untold hardship which may not ultimately end in serving the purpose and cause of justice. Affidavits filed by respective parties are taken on record.
Learned Counsel for the complainant has placed on record the decision of this Court decided in Criminal Misc. Application No. 2312 of 2008 decided on 25/2/2008 (Coram: Ms. Justice H.N. Devani), where in also as could be seen the charges levelled against original Petitioner u/s 366, 376, 201, 342, 506(2) and 34 of I.P. Code and Sections 3(1)(xi), 3(2), 5 and 4 of SC and ST Prevention of Atrocities Act was quashed. It was submitted that therein it was a case of gang rape.
It is required to be noted that Sessions Case No. 226 of 2009, resultant of the said complaint being C.R. No: I-228/2008 dated 15/7/2008 was registered with Shahibaug police station and the parties have attempted to end the said case by filing appropriate purshish which came to be rejected by learned Sessions Court vide its order dated 29/3/2011. Present quashment petition is filed only with a view to avoid undue embarrassment and to avoid rigors of criminal proceedings which in such a situation are likely to affect both the parties adversely.
This Court has taken into consideration the affidavits filed by respective parties, including the complainant and perused the complaint. Reading of the entire complaint which is filed by way of FIR No. I-228/2008 on 15/7/2008 contains allegations about the incident which alleged to have happened 1 1/2 years ago, and the narration as it is evident from the complaint is in respect of the relationship between original complainant and accused No. 1 and the development of events thereafter. The lady at the relevant time, i.e at the time of filing of the complaint was 20 years and narration of the complaint go to show that same requires quashment. This is especially so when the parties have come to a conclusion for ending their dispute and settling in their life without any further requirement of undergoing rigors of criminal proceedings. The decision of the Apex Court in case of Baldev Singh and Others Vs. State of Punjab, and in view of the decision of this Court decided in Criminal Misc. Application No. 2312 of 2008, I am of the view that though the offence is not compoundable and the reasoning adopted by learned Sessions Judge is also contrary to provisions of law, the complaint and the proceedings arising there from are required to be quashed for the sole purpose of avoiding untold hardship not only to the prosecutrix and her family members but their purpose of arriving at an amicable settlement so that parties may pursue their vocation and profession in life peacefully would be prejudiced. Filing of the affidavit by prosecutrix in the Court in unequivocal terms go to show that even in case if the prosecution is permitted to be taken to its logical end would not result into desired end and it would rather have adverse impact upon the parties lives which may not be in the interest of justice. Learned APP also in light of the observations of the Apex Court did not object to quashment of the complaint that may be passed by the Court.
In view of these, the complaint being C.R. No: I-228/2008 registered with Shahibaug police station and the proceedings arising there under are quashed. Rule made absolute.