THE Punjab and Haryana High Court has once again quashed an FIR alleging rape on the ground that the victim and the accused are married and are residing together happily.
Justice Jaishree Thakur referring to the compromise observed: “As per the terms of the compromise, the parties have solemnized marriage with each other and they are now residing together as husband and wife happily, hence, it would be in their welfare if the present FIR is quashed.”
The complainant even though stated that she was in love with the boy and they promised to marry each other, had alleged in the complaint that the accused called her at his home where he was alone and forcibly made physical relations with her. She had also alleged that she was taken to Vaishno Devi Temple where he made her obscene movie and threatened her to upload on the internet.
This order quashing the FIR alleging rape is apparently against the spirit of the order of the Apex court in State of MP vs. Madan Lal, wherein it held that in a case of rape or attempt to rape, the conception of compromise under no circumstances can really be thought of.
In a similar order by the Punjab and Haryana High Court where it had held that FIR alleging rape, during the subsistence of love affair between couples, can be quashed on the basis of compromise and subsequent marriage of the couple.
However, the high court, in another judgment, delivered after the Apex court passed the order in Madan Lal case, had quashed the FIR under Sections- 376/ 506/ 120- B of the Indian Penal Code, against 5 persons on the ground that the matter has been compromised, also taking account of the fact that one of the accused married the victim.
Courtesy : LAWRATO.COM