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2022 DIGILAW 814 (TS)

Maratha Rahul Rao @ Rahul v. State of Telangana, Rep. by its Public Prosecutor, Hyderabad

2022-12-29

K.SURENDER

body2022
ORDER : 1. This Criminal Petition is filed to quash the proceedings against the petitioner/accused in S.C.No.403 of 2021 on the file of XII Additional Metropolitan Sessions Judge at Hyderabad on the ground of compromise. 2. The case against the petitioner is that the 3rd respondent victim girl was aged around 17 years. The petitioner came into contact with her and to fulfill his sexual desire waited for an opportunity and committed sexual assault on the victim girl on the pretext of marriage. On 04.01.2020, the members of the house went to their native place leaving the 3rd respondent/victim girl alone in the house. The petitioner allegedly went to her house and had sex with her. Later, the petitioner started avoiding the victim girl, for which reason, complaint was filed. 3. The police, having registered the crime, investigated and filed charge sheet for the offence under Section 376(2)(n) of IPC and Section 5(I) r/w Section 6 of Protection of Children from Sexual Offences Act, 2012. 4. Learned counsel for the petitioner submits that the parties have compromised and already married. Both of them approached this Court seeking permission to quash the proceedings. Since no useful purpose would be served when the victim was going to turn hostile to the prosecution case in the trial, the case can be quashed under the inherent powers of this Court. 5. The offence of rape and that too of a minor girl is a serious offence and cannot be quashed on the ground of compromise even though the petitioner and the victim girl are married in the present facts. The alleged incident had taken place when the victim girl was minor during the year 2020 and the crime was registered on 27.02.2020. Two years thereafter, the petitioner married the victim girl. Apparently, one of the reasons for marriage appears to be pendency of criminal prosecution. For the reasons of the offence being serious in nature, this Court is not inclined to accept the compromise and accordingly, the petition cannot be entertained. 6. Learned XII Additional Metropolitan Sessions Judge, Hyderabad is directed to take the trial of the case and examine L.Ws.1 and 2, who are the mother and the victim. Since the parties have already compromised and in the event of hostility of the mother and the victim girl, there would be no necessity to examine the other witnesses. 6. Learned XII Additional Metropolitan Sessions Judge, Hyderabad is directed to take the trial of the case and examine L.Ws.1 and 2, who are the mother and the victim. Since the parties have already compromised and in the event of hostility of the mother and the victim girl, there would be no necessity to examine the other witnesses. Learned Sessions Judge can order acquittal of the petitioner/accused under Section 232 of Cr.P.C. 7. With the above observations, the Criminal Petition is disposed off. As a sequel thereto, miscellaneous applications, if any pending shall stand closed.