Sudhish Charan vs State Of Chhattisgarh

The Petitioner and the prosecutrix are present in person before this Court along with their respective Counsel.

With the consent of the parties, the matter is heard finally.

This Petition has been filed under Section 482 of Cr.P.C. for quashment of the impugned charge sheet pending before the 4th Additional Sessions Judge, Bilaspur in Sessions Trial No.97/2018 for the offence under Section 376 IPC, on the basis of the compromise between the parties.

Brief facts of the case are that the prosecutrix, a grown up lady, aged 21 years has lodged FIR on 26.12.2017 alleging that the Petitioner has been sexually exploiting her since 2017 under the pretext of marriage and thereafter refused to marry her. Based on the said allegation, the offence was registered against the Petitioner being FIR No.410/2017 registered at PS Bilha. After completion of investigation, charge sheet has been filed and during pendency of the proceeding before the Sessions Court, the Petitioner and the prosecutrix/Respondent No.4 got married on 12.01.2018, marriage certificate issued by Bilaspur Municipal Corporation, District Bilaspur has also been annexed herewith to this effect. The prosecutrix is residing with the Petitioner now and maintaining conjugal rights, therefore, this Petition has been preferred for dismissal of pending criminal case as the prosecutrix does not want to pursue the prosecution any further. AR(J) has recorded the statement of the Petitioner and the prosecutrix in which, she has categorically stated that she has already performed marriage with the Petitioner and stated that the Petitioner also never refused for marriage and they both are presently residing as husband and wife and therefore, she does not want to continue with the criminal proceedings against the Petitioner.

Heard learned Counsel for the parties and perused the documents annexed herewith carefully.

Upon being asked, the prosecutrix present before this Court, stated that the dispute between them has been resolved as they got married to each other and therefore, she does not want to continue with criminal proceedings against the Petitioner.

Having considered the facts and circumstances of the case, considering the statement which was recorded on the free will of the prosecutrix without any undue pressure or influence and also considering the dictum laid down in the matters of B.S. Joshi and Others Vs. State of Haryana and Another reported in (2003) 4 SCC 675 and Ananda D.V vs. State & Anr in Criminal Appeal Nos.394-395/2021 whereby the Supreme Court, in the similar circumstances, has allowed the Petition and quashed the FIR, further considering that the parties herein are living together happily and the dispute between them has now been fully resolved, therefore, this Court is of the opinion that continuation of criminal proceedings pending against the Petitioner would serve no purpose in any manner and the same amounts to abuse of process of law.

Accordingly, this Court directs that the criminal proceedings pending against the Petitioner before the 4th Additional Sessions Judge, Bilaspur in Sessions Trial No.97/2018 be quashed.

Resultantly, the Petition is allowed.