An F.I.R. about the rape of the minor by an on-duty officer was last week quashed by the Gujarat High Court as there was a full and final settlement between the complainant and the accused by later entering into marriage with the victim.
Reference of the Supreme Court Case was given by Justice Ashokkumar C. Joshi in Narender Singh & Others vs. the State of Punjab and Another(2014) 6SCC 466 when offenses such as murder, rape, dacoity, etc are observed the F.I.R. cannot be quashed even though the dispute was settled by victim or victims family and offender. Other landmark decisions of the Supreme Court were given the reference including Prabatbhai Aahir vs State of Gujarat 2017 SCC online SC 1189 and another case which was the State of Madhya Pradesh vs. Laxmi Narayan and Others (2019) 5 SCC 688, which were on the same principle.
However, the Judge believed that the latest law does not apply to the present case. He further added that generally petition is not quashed when the offences are under Section 376 and 302 of the IPC. The Court said that in this case when the settlement has arrived between the parties, so the Court is inclined to entertain the petition.
There is a settlement arrived between both the parties by way of affidavit and the accused and victim have married it would be futile if the trial takes place because the purpose of the judicial process would not be served and so the Court thought that it would be just and proper to quash the FIR.
The marriage took place on the 7th of July 2020. The Bench noted that in the present case, the FIR was lodged in hot haste. The name of the case is Mitesh Ashokbhai Chunavala vs the State of Gujarat. The Judge was Dr. Justice Ashokkumar C. Joshi. The date of hearing was 4th September 2020.