Gauhati High Court: Allowing a petition filed by an accused charged under Sections 376 and 506IPC, for quashing of the criminal proceedings against him, the Court said that unusual facts and circumstances of the case demanded unusual stand to be taken and held that, there was no useful purpose to be served by allowing the criminal proceedings to continue, since the chance of conviction is bleak in view of the compromise between the parties and marriage between the petitioner and the victim, who was the party in the present litigation
The criminal proceedings was instituted against the petitioner by the mother of the victim alleging that he had sexual intercourse with her minor daughter against her daughter’s will, subsequent to which she had became pregnant. The occurrence had taken place in 2011 and in 2012 the petitioner had accepted the victim in formal marriage as the parties had come to a meeting point.
In the light of submission of the counsel of the opposite party, the bench of N. Chaudhary J. observed that there was no objection if the criminal proceedings were quashed since the victim and petitioner had been living together happily as a married couple with a child for about five years now and in the view of the compromise, it would be unnecessary to drag the proceedings. The prosecutor for the petitioner also submitted that the continuation of the proceeding would most likely break down their happy marital life.
The Court relied on the law laid down in Madhavrao Jiwajirao Scindia. v. Sambhavjirao Chandrojirao Angre, (1988) 1 SCC 692 and taking a practical view of the matter found it appropriate to put an end to the ongoing litigation. The Court held that under the given circumstances, the chances of conviction are bleak in view of the compromise between the parties and the marriage between the petitioner and the opposite party no.3 and no useful purpose shall be served by dragging them to Court and compelling the witnesses to come at the expense of the valuable judicial time. Therefore, the ends of justice demand that they should be “left to their will without looming clouds of litigation over their heads”. The Court, hence, quashed the criminal proceedings. [Md. Jahirul Maulana v. State of Assam, 2016 SCC OnLine Gau 282, decided on 12.07.2016]
RAPE IS AN –OFFENCE AGAINST SOCIETY.IN THIS CASE MOTHER HAS PROCEEDED AGAINST THE ACCUSED WHO INDULGED IN SEXUAL INTERCOURSE WITH HER MINOR DAUGHTER AND MADE HER PREGNANT AND LATER ON MADE COMPROMISE AND ENTERED INTO MARRIAGE.
OF COURSE CRIME WAS COMMITTED AND EVEN SOME TOKEN PUNISHMENT SHOULD HAVE BEEN AWARDED , NOT DISR UPTING THEIR MARRIED LIFE.- —PROF. S.N.PARIKH
i agree with the views of sir that criminal offences and such kind of relief from the court will be against the deterrent theory which is the back-bone of legal system.