Back
ANOOP KUMAR MENDIRATTA
I S – Appellant
Versus
Govt of NCT of Delhi – Respondent
JUDGMENT (ORAL)
Anoop Kumar Mendiratta, J.—
Crl.M.A. 9996/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
W.P.(CRL) 1059/2024
Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner for quashing of FIR No.090/2024 under Section 376 IPC registered at P.S.: Pandav Nagar.
2. Issue notice. Learned ASC for the State and learned counsel for respondent no. 2 alongwith respondent no.2 in person appear on advance notice and accept notice.
3. In brief, as per the case of prosecution, present FIR was registered on 17.02.2024 on complaint of respondent no.2, who alleged that she had come in touch with petitioner during ‘Prabhat Pheri’ and both had gradually developed liking for each other. She further alleged that petitioner on pretext of marriage, repeatedly established physical relations with her but on 15.02.2024, petitioner expressed his inability to marry respondent no.2 since he had been engaged as his family members had fixed his marriage at some other place. FIR was accordingly registered.
4. Learned counsel for the petitioner submit
Consensual sexual intercourse is not rape.
The court held that the FIR for rape was quashed as the relationship was consensual, and continuation of proceedings would cause undue prejudice, affirming the importance of consent and the role of c....
The court emphasized that heinous and serious offences like rape cannot be quashed solely based on compromise, but in cases where the possibility of conviction is remote and bleak, and continuation o....
The court ruled that allegations of rape under Section 376 IPC were not established, allowing quashing of the FIR based on the consensual nature of the relationship and the parties' subsequent marria....
The consent of a woman under Section 375 is vitiated on the ground of a 'misconception of fact' where such misconception was the basis for her choosing to engage in the said act.
FIR quashed - Offence of Rape - FIR should not be quashed in case of rape as it is a heinous offence, but when complainant/prosecutrix herself takes initiative and states that she wants to give quiet....
The court can quash FIRs for non-compoundable offences if the parties have settled their dispute and the continuation of proceedings would serve no public interest.
In cases where the parties are in a consensual relationship and have arrived at a settlement, the court may quash the FIR and proceedings if the continuation of the proceedings would serve no useful ....
The court's power under Section 482 Cr.P.C can be exercised to prevent the abuse of legal process and secure the ends of justice, particularly in cases involving love affairs and subsequent marriage.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
