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SURESH KUMAR KAIT
Nasir Khan – Appellant
Versus
State NCT Of Delhi – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.
Crl.M.A. 3849/2021 (for early hearing)
1. By this application, petitioners are seeking preponement of the date of hearing.
2. Notice issued.
3. Mr.G.M.Farooqui, learned Additional Public Prosecutor for State, accepts notice.
4. For the reasons stated in the application, it is allowed and with the consent of counsel for the parties, petition is taken up for final hearing today itself.
5. The application is disposed of.
CRL.M.C. 404/2021
6. Petitioners are seeking quashing of FIR No. 273/2018, under Sections 323/376/328/34 IPC and Section 6 of Protection of Children from Sexual Offences Act, registered at police station Farsh Bazar, Delhi.
7. Learned counsel for petitioner submits that the marriage between petitioner and respondent No.2/complainant was solemnized in 2017 as per Muslim rites and due to some differences, the FIR in question was got registered. However, with the intervention of elders in the family, the dispute has been resolved and petitioner No.1/husband and respondent No.2/wife are happily living together since 2018.
8. On the last date of hearing, this court was informed that responde
The reconciliation of the marriage, the birth of the child, and the complainant's desire to end the proceedings can be grounds for quashing the FIR and related proceedings.
The court established that marital reconciliation and mutual agreement can serve as grounds for quashing serious offences under IPC in particular circumstances, allowing the accused to avoid further ....
The court may consider quashing the FIR and proceedings if the complainant/prosecutrix desires to withdraw the complaint and if there are exceptional circumstances, such as marriage between the accus....
Court may quash FIR for serious offenses if complainant reconciles with the accused and expresses no desire to proceed, thereby conserving judicial resources.
The court can consider quashing FIR and related proceedings when the complainant/prosecutrix herself takes the initiative to resolve the misunderstanding and does not wish to pursue the proceedings, ....
The court may quash FIRs for non-compoundable offenses under specific circumstances where misunderstandings are resolved, particularly involving parties who have married post-complaint.
Amicable settlement between parties - False promise to marry - Seeks quash of FIR - A breach of a promise cannot be said to be a false promise - To establish a false promise maker of promise should h....
The court can quash FIRs in cases of alleged sexual offences if the complainant unequivocally expresses a desire to resolve disputes amicably after marriage, indicating no public interest in continui....
Consent under false promise of marriage does not constitute an offense unless it can be established that the promise was false from the beginning.
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....
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