Constitution of India, 1950
Article 226 and Section 482 of CrPC—Exercise of power to quash proceedings—Powers under Section 482 of CrPC or Article 226 of the Constitution cannot be exercised to quash the proceedings involving serious or heinous offences, or offences against society, merely on the basis of the settlement between the parties—Yet the Court cannot and should not hesitate to exercise such powers when uncontroverted allegations in the FIR and the other material collected in the course of the investigation does not disclose cognizable offence, notwithstanding the sections mentioned in the FIR or in the charge—It is therefore necessary to consider the factual matrix of the case and ascertain whether the allegations in the FIR and the other records, taken as a whole, disclose the basic ingredients of the offence.
[Para 8]
Indian Penal Code, 1860
Section 313—Causing miscarriage without consent of second respondent/mother—Prosecution of doctor—Record reveal that second respondent had consented to terminate the pregnancy and on the date of termination, the length of pregnancy was within permissible limit—Provisions of Section 313 of IPC not attracted.
[Para 6]
Sections 313, 323, 376, 504 & 506 r/w Section 34 and Section 5 of the Medical Termination of Pregnancy Act—Case of rape and termination of pregnancy without consent—Petition to quash FIR on ground of amicable settlement—Record reveals that pregnancy was terminated with consent of second respondent—Allegations made in the FIR and other material on record, even if accepted in their entirety, reveal that physical relationship between first petitioner and second respondent was consensual—Second respondent had indulged in sexual relationship with first petitioner during subsistence of her marriage—Consent is not vitiated due to misconception of fact—Consensual physical relationship between two adults does not constitutes rape within the meaning of Section 375 of IPC—FIR quashed with cost.
[Paras 11 to 13, 15 & 16]