DATE OF RESERVING: 21.11.2018 DATE OF PRONOUNCEMENT: 27/11/2018ORAL JUDGMENT: (PER MRS.SWAPNA JOSHI, J.)1. Rule.Rule, returnable forthwith.With the consent of ::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 02:09:49 ::: APL.802.17 2learned counsel for respective parties, the Application is taken up forfinal hearing, at the stage of admission itself.::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 02:09:49 :::By means of this Application filed under Section 482 of theCode of Criminal Procedure, the applicant seeks quashing of the FirstInformation Report in Crime No.144/2017 dated 05.10.2017 registeredat the instance of non-applicant no. 2 with Bajaj Nagar, Nagpur PoliceStation, for the offence punishable u/s.376 of the IPC.3. Learned counsel for the respective parties submitted thatduring the pendency of investigation, the parties have amicably settledtheir differences amongst themselves by way of mutual understandingand pursuant to the same, they requested that the instant Applicationfor quashing of FIR, be allowed.The non-applicant no.2, who is the original complainant,has filed an affidavit dated 1 st November 2018, stating that during thependency of the Application, she has discussed the matter with herfamily members and has decided to withdraw the allegations and FIR,in order to settle the matter amicably with the applicant, considering ::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 02:09:49 ::: APL.802.17 3the age, image of family, career and life.It is further stated that shewould withdraw all the allegations made in the FIR which was anoutcome of anger and emotions so also statements recorded by thepolice and the written submissions filed by her before this Court againstthe applicant.According to non-applicant no.2 the said affidavit hasbeen made by her on her freewill and without any duress or undueinfluence.Thus, the non-applicant no.2 has requested to quash theaforementioned FIR and the proceedings arising therefrom.::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 02:09:49 :::The applicant as well as non-applicant no.2 were personallypresent before this Court.The non-applicant no.2 had filed the FIRalleging that the applicant had established physical relationship withher under the pretext of promising to marry.We have found that in certain cases, the High Courts have accepted the compromise between the parties when the matter in appeal was pending before the ::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 02:09:49 ::: APL.802.17 4 High Court against the conviction recorded by the trial court.Obviously, such cases are those where the accused persons have been found guilty by the trial court, which means the serious charge of Section 307 IPC has been proved beyond reasonable doubt at the level of the trial court.There would not be any question of accepting compromise and acquitting the accused persons simply because the private parties have buried the hatchet.::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 02:09:49 :::Paragraph Nos. 29.2 and 29.6 are couched in the following terms :"29.2 When the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to secure:(i) ends of justice, or::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 02:09:49 :::Keeping in mind the above-referred guidelines issued bythe Hon'ble Apex Court, and in view of the fact that the matter issettled amicably between the parties, pursuing the proceedings againstthe applicant would be an abuse of process of law and no fruitfulpurpose would be served by continuing with the prosecution.::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 02:09:49 :::::: Uploaded on - 27/11/2018 ::: Downloaded on - 28/11/2018 02:09:49 :::In the case of Madan Mohan Abbot vs. State of Punjab(2008) 4 SCC 582, it is held that no purpose would be served bykeeping the FIR alive.In order to secure the ends of justice, it would bejust and proper to allow the application herein.The Application isallowed by quashing FIR No.144/2017 dated 5.10.2017 registered atBajaj Nagar Police Station, Nagpur for offence punishable u/s. 376 ofIPC.However, in our considered opinion, as the police and courtmachinery was used by the parties to settle their private dispute, as acorrollary of differences of opinion, it would be appropriate to saddlethe applicant with the costs of Rs.25,000/-.(rupees twenty fivethousand) which shall be paid to an old-Age home i.e. "Matru SevaSangh Panchvati Vriddhashram" Umred Road, Bada Tajbagh Road, TajBagh, Nagpur.The applicant shall pay the said costs and produce thereceipt within a period of four weeks from today, failing which theApplication shall stand dismissed automatically without furtherreference to the Court and the order of quashing of FIR and furtherproceedings arising therefrom shall be treated as non-est.With the above directions, the Application stands disposedof.Rule made absolute in the aforesaid terms.

Sections cited: Section 307 in The Indian Penal Code