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Judgment
] This application is filed under Section 482 Cr.P.C. for quashemnt of First Information Report arising out of Crime No.0761/2016, Police Station- Lasudiya, District Indore under Section 376 of IPC & Section 3(1)(12) of SC & ST (Prevention of Atrocities) Act, 1989.
] According to relevant facts, the present applicant and respondent No.2 have been living in live in relationship for the last 7-8 months. The applicant was unmarried, however, respondent No.2 was married to one Vikas but due to some dispute between them, she had been living with her parents. Subsequently, respondent No.2 lodged a complaint before the police station on which the aforesaid crime number was registered.
] The parties entered into compromise and alongwith main petition, an application I.A. No.11098/2016 is filed jointly by the applicant and respondent No.2.
] The factum of compromise between the parties was verified by Principal Registrar of this Court on 19.12.2016 and it was found by the Principal Registrar of this Court that the parties have entered into compromise without any coercion and duress.
] Learned counsel for the applicant submits that the offence under Section 376 of IPC & Section 3(1)(12) of SC & ST (Prevention of Atrocities) Act are non-compoundable and can be compounded, if this Court permits such compounding of offence exercising extraordinary jurisdiction granted to this Court under Section 482 Cr.P.C.
] Learned counsel for the applicant cited the judgment of Hon''ble Apex Court in Narinder Singh and Anr. Vs. State of Punjab and Anr., 2014 3 SCC(Cri) 54. In this case, Hon''ble Apex Court in para 29 of the judgment laid down the guidelines on which the High Court using the extraordinary jurisdiction under Section 482 and quash the charges framed under noncompoundable offences. Taking the guidelines framed by the Supreme Court under consideration. It is apparent that the present dispute is regarding a business matter. It is their personal dispute and society at large is not affected by the dispute. The Hon''ble Apex Court in para 29.2 laid down two tests stating therein that the guiding factor in such cases would be to secure: (i) ends of justice, or
(ii) to prevent abuse of the process of any court.
While exercising the power the High Court is to form an opinion on either of the aforesaid two objectives.
] In the present case, respondent No.2 is an adult woman. She has been living with the present applicant with her consent though she was not legally divorced from her previous husband but that would not affect the charges under Section 376 of IPC & Section 3(1)(12) of SC & ST (Prevention of Atrocities) Act. From the joint application, it is apparent that they have been living by consent with each other, and therefore, this is a fit case where using extraordinary jurisdiction, the offence may be permitted to be compromised. Accordingly, the application under Section 482 Cr.P.C. is allowed. The First Information Report arising out of Crime No.0761/2016, Police Station- Lasudiya, District Indore is hereby quashed, and consequently, all the proceedings arising out of such First Information Report are also quashed.