High Court has power to quash FIR in non-compoundable offences on the basis of settlement between parties
Manipur High Court Quashes Rape FIR on Grounds of Amicable Settlement. Court Emphasizes Inherent Powers to Prevent Abuse of Legal Process and Secure Justice
In a landmark judgment, the Manipur High Court has quashed an FIR filed under serious charges of rape against Dr. Vikas Singh, citing an amicable settlement between the parties involved. The decision, delivered by Justice A. Guneshwar Sharma, underscores the court's commitment to preventing abuse of legal processes and securing the ends of justice.
The FIR, registered on November 8, 2024, accused Dr. Singh of rape under false promises of marriage. However, a subsequent understanding between Dr. Singh and the complainant, who admitted filing the complaint due to a misunderstanding, led to a joint petition for quashing the FIR.
The court noted that the complainant had withdrawn the complaint, acknowledging a misunderstanding regarding Dr. Singh's marital status, which was known to her family prior to the filing of the FIR. The judgment detailed that Dr. Singh had continued to honor his promise of marriage, even transferring funds for the wedding arrangements, only for the marriage to be called off by the complainant upon discovering his existing marriage.
Justice Sharma highlighted the High Court's inherent power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash proceedings in non-compoundable offenses when they are deemed an abuse of the legal process. Drawing on precedents from the Supreme Court, the judgment emphasized cautious exercise of this power, guided by principles of justice and case-specific facts.
This decision reinforces the judiciary's role in maintaining balance between legal procedures and genuine resolutions outside the courtroom, thereby safeguarding judicial time and resources.
Bottom Line:
High Court has power to quash FIR in non-compoundable offences on the basis of amicable settlement between parties to prevent abuse of process of law and secure ends of justice.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528; Bharatiya Nyaya Sanhita, 2023 Sections 64, 318, 61(2)
Mr. Vikas Singh v. State of Manipur, (Manipur) : Law Finder Doc Id # 2782894
