Allahabad High Court Quashes FIR in Rape Case Stemming from Marital Discord
The Allahabad High Court recently quashed an FIR lodged under multiple sections of the Indian Penal Code (IPC), including Section 376 (rape), Section 354 (outraging modesty), and provisions under the Dowry Prohibition Act. The decision came after both parties informed the court of their amicable settlement.
The Division Bench, comprising Justice Dr. Kaushal Jayendra Thaker and Justice Gautam Chowdhary, noted that the FIR arose from marital discord. The judges observed:
“The offence stems from discordance, which led to the lodging of the FIR. However, since the informant decided to withdraw the case, and considering the offences under Sections 323, 504, and 506 IPC are compoundable, they are permitted as compounded. Regarding Sections 376 and 354 IPC, no offence can be established as the victim was not medically examined and the parties wish to resolve the matter.”
Background of the Case
The accused, identified as the petitioner, had moved the High Court seeking the quashing of the FIR filed on April 21, 2022. The FIR was registered under Case Crime No. 93 of 2022, invoking Sections 376, 354, 323, 504, 506 IPC, and Sections 3/4 of the Dowry Prohibition Act. The petitioner also sought protection from arrest.
Settlement Between the Parties
Counsel representing both parties jointly submitted that the matrimonial discord had been resolved amicably. The informant, identified as respondent no. 3, expressed her intention to not pursue the matter further.
Reference to Gujarat High Court Judgment
The court cited a recent Gujarat High Court judgment, which held that criminal proceedings of a private nature could be quashed under Section 482 CrPC, even if the trial resulted in conviction, provided the dispute is not serious or against public policy.
The Allahabad High Court used its powers under Article 226 of the Constitution to quash the FIR, stating that the resolution of the matter was in the best interest of both parties.
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