ONLY FOR THE REASON OF THERE BEING MENTION OF RAPE IN THE CHARGE SHEET AND THE PARTIES HAVE COMPROMISED, INTERVENTION OF THIS COURT UNDER INHERENT POWERS UNDER SECTION 482 OF CR.P.C, CANNOT BE DENIED: TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 31 January 2023, stating only for the reason of there being mention of rape in the charge sheet and the parties have compromised, intervention of this Court under inherent powers under Section 482 of Cr.P.C, cannot be denied. . It was stated in the case of Major Amit Yadav vs The State Of Telangana (Criminal Petition No.479 OF 2023 ) which was passed by the single judge bench comprising of Hon’ble Justice K.Surender
FACTS OF THE CASE:
This Criminal Petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings in P.R.C.No.74 of 2022 on the file of the XXII Additional Chief Metropolitan Magistrate at Secunderabad.The petitioner is charge-sheeted for the offences under Sections 376(2)(n), 496, 417 and 506 of IPC on the basis of a complaint lodged by the 2nd respondent. In the complaint, she stated that she got married to one Rajiv Sayam and had two sons. In the month of August 2016, she shifted to Trimulgherry, Hyderabad. In the month of January 2017, she got acquainted with the petitioner. The petitioner allegedly asked her to seek separation from her husband. They lived separately and petitioner used to take care of all the necessities. During November 2018, the petitioner used to call her daily and they had developed physical intimacy. The petitioner promised to marry her after she gets divorce from her husband. On 09.08.2020, the petitioner stayed in the house of 2nd respondent for a week and before leaving to Meerut from Secunderabad, took her to gold shop and purchased Mangalsutra and tied around her neck in the presence of god and her son. Petitioner continued to have sexual intercourse with her for the reason of petitioner marrying her. 2nd respondent went and met the petitioner at Meerut. On 21.12.2020 Petitioner dropped her at Nizamuddin Railway Station and since then the petitioner stopped seeing her, for which reason the present complaint was filed alleging rape and cheating. During the pendency of the present Criminal Petition, the parties have compromised the matter and, accordingly, respondent No.2/defacto complainant filed I.A.Nos.3 and 2 of 2022 to permit to compound the offences and to compromise the case, respectively.
JUDGEMENT OF THE CASE
A bare reading of the complaint would indicate that the 2nd respondent had sexual relation over a period of four years with this petitioner consensually. In the said circumstances, when the 2nd respondent/defacto complainant is not willing to prosecute the case against the petitioner in the court, the proceedings would only result in wastage of trial court’s time.Only for the reason of there being mention of rape in the charge sheet and the parties have compromised, intervention of this Court under inherent powers under Section 482 of Cr.P.C, cannot be denied. Considering the said report of the Secretary, Telangana High Court Legal Services Committee, Hyderabad, and in view of the compromise entered between the petitioner and respondent No.2, I.A.Nos.2 and 3 of 2022 are allowed. Consequently, the Criminal Petition is allowed and the proceedings on the file of the XXII Additional Chief Metropolitan Magistrate at Secunderabad, are hereby quashed against the petitioner/Accused.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.