CRM No. M-97 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc. No. M-97 of 2011 (O&M) Date of decision: October 19, 2011 Gursewak Singh ...Petitioner Versus State of Punjab & another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Sanjeev Manrai, Advocate for the petitioner. Mr. Shailesh Gupta, Deputy Advocate General, Punjab for respondent No.1. Mr. Vishal Deep Goyal, Advocate for respondent No.2. Rajan Gupta, J (oral). In the instant petition under Section 482 Cr.P.C., the petitioner has sought quashing of FIR, registered against him under Sections 363, 366, 376, 506 read with Section 34 IPC at Police Station Patran, District Patiala, on the basis of compromise (Annexure P-2). Learned counsel for the petitioner has argued that after the lodging of the FIR, a compromise has been arrived at between the parties and thus, FIR in question deserves to be quashed on the basis of the same. The prayer has, however, been opposed by learned State counsel, who has submitted that allegation is of abduction and rape which is an offence against the society and cannot be quashed on the basis of compromise. CRM No. M-97 of 2011 2 I have heard learned counsel for the parties and given careful thought to the facts of the case. FIR was lodged by one Manjit Kaur, who stated that on 10th July, 2010, as per daily routine, she after finishing her classes, reached Bus Stand Patran. Finding no conveyance there, she decided to move on foot towards her village. When she was near Fisheries Farm, an Alto car stopped near her. Gursewak Singh and another boy were sitting in the car. They threw her in the vehicle after catching hold of her. Near village Chaugara, they turned the vehicle towards a muddy track in a field of “Chari” (cattle fodder). Both of them thereafter raped her turn by turn and threatened to kill her. She became unconscious. Both of them thereafter fled leaving her in the field. She regained her senses early in the morning at about 4.00 A.M. She reached her village at Haryaon Khurd. Her mother was away on visit to Manikaran Sahib. She did not disclose the incident to any one due to shame. However, when her mother came next day, she disclosed the entire occurrence to her. She discussed the matter with Daler Singh, Sarpanch of the village and thereafter instant FIR was lodged. Pursuant to same, an investigation ensued. Reliance has been placed on affidavit of the prosecutrix, Annexure P-2, to contend that in view of same, FIR deserves to be quashed. However, I am of the considered view that keeping in view nature of allegations, the prayer for quashing of FIR on the basis of compromise is misplaced. The prosecutrix in her statement before the CRM No. M-97 of 2011 3 police has levelled serious allegations. In such cases, a meaningful investigation is necessary as a crime of this nature is an offence against the society. Reference may be made in this regard to judgment of the apex court in Manoj Sharma vs. State & Ors., 2008 (4) R.C.R. (Criminal) 827. Keeping in view the facts and circumstances of the case and the judgment in Manoj Sharma's case, I am of the considered view that no case for quashing of FIR is made out. The petition is, thus, without any merit and is hereby dismissed. (RAJAN GUPTA) JUDGE October 19, 2011 'rajpal' To be referred to the Reporters or not: Yes / No