Settlement between victim and the accused cannot be a valid ground to quash the FIR or the charge sheet - Synopsis
Parul Madaan 27 Feb 2020
In the case Arun Singh vs State Of U.P. Criminal Appeal No.__250_ Of 2020, the accused were charged with Section 493 of the Indian Penal Code (IPC) and Section 3 read with Section 4 of the Dowry Prohibition Act.
The issue was whether settlement arrived between the parties could be a ground to quash criminal proceedings under Section 482 of Criminal Procedure Code and held that the offences with which the accused is charged are offences against the society and not of private nature. Hence, continuance of trial is appropriate in the interest of the public.

In determining whether an offence is committed under section 493 of the IPC, the court observed that in order to constitute an offence under that section, the accused must have practiced deceit and made her believe that she is lawfully wedded to him and establish physical relationship.

The Supreme Court with respect to the offence under section 493 of IPC, held that no prima facie case has been made out as per the allegations of FIR.


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