CRM No. M-33608 of 2010 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM No. M-33608 of 2010 (O&M) Date of Decision : 02.02.2011 Vijay Kumar & another .......... petitioners Versus State of Punjab & others ...... Respondents CORAM : HON'BLE Ms. JUSTICE RITU BAHRI Present : Mr. J.S. Dadwal, Advocate for the petitioner. Mr. Raghbir Chaudhary, Sr. DAG, Punjab. Mr. Anterpreet Singh, Advocate for respondent Nos. 2 & 3. **** RITU BAHRI, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. for quashing FIR No. 247 dated 19.8.2010 under Sections 376, 120-B IPC registered at Police Station Focal Point, Ludhiana and all subsequent proceedings arising out of the same on the basis of compromise (Annexure P-2). Joint reply by way of affidavit of respondents No. 2 & 3 has been filed in the Court, is taken on record. Wherein, it has been stated that respondent No.2 has compromised the matter and respondent No.3 has got married to petitioner No.1 on 7.1.2010. In the criminal miscellaneous the petitioner has taken a CRM No. M-33608 of 2010 -2- specific stand that the marriage between petitioner No.1 and respondent No.3 was solemnized on 7.1.2010 with her own sweet will. Subsequently, on 19.8.2010 this FIR No. 247 under Sections 376, 120-B IPC was registered. Respondent No.2 mother of respondent No.3 has filed an affidavit Annexure P-2, in which she has accepted that marriage took place on 7.1.2010 and her daughter is living happily with her in-laws. Vijay Kumar did not commit any rape on her daughter. Her daughter is 19 years of age and is major. Continents of this affidavit are not denied in the joint affidavit filed by respondents No. 2 & 3. In the light of the abovesaid affidavits, having regard to the peculiar facts and circumstances of the case, when both the parties are rehabilitating themselves, no useful purpose would be served by keeping the said FIR alive. Learned counsel for the petitioners has placed reliance on the judgment of the Hon'ble Supreme Court in the case of Arun Goyal vs. State of NCT of Delhi & Anr. SLP (Crl.) No. 2900 of 2009, wherein in the similar circumstances FIR under Section 376 IPC was quashed. Learned State counsel on instructions from ASI Tarem Singh argued that being non-compoundable offence, the matter can not be compromised. However, keeping in view that the complainant has accepted the fact that her daughter had got married on 7.1.2010 to the petitioner No.1, no offence under Section 376 IPC is made out. Keeping in view of the law laid down by the Full Bench of CRM No. M-33608 of 2010 -3- this Court in the case of Kulwinder Singh and Ors. vs. State of Punjab and another 2007(3) RCR(crl.) 1052, FIR No. 247 dated 19.8.2010 under Sections 376, 120-B IPC registered at Police Station Focal Point, Ludhiana and all subsequent proceedings arising out of the same on the basis of compromise (Annexure P-2) are quashed qua petitioners. The petition stands disposed of. 02.02.2011 (RITU BAHRI) 'sp' JUDGE