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SURESH KUMAR KAIT
Vinod @ Bishal Dutt – Appellant
Versus
State – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The hearing has been conducted through video conferencing.
1. Petitioner seeks quashing of FIR No. 18/2020, u/s 376 IPC and Section 6 of Protection of Children from Sexual Offences Act, registered at police station Sarojini Nagar, New Delhi in this petition.
2. Learned Additional Public Prosecutor for State has drawn attention of this Court to the status report placed on record, wherein it is categorically stated that as per Ossification Test Report, dated 24.01.2020 obtained from Safdarjung Hospital, New Delhi, prosecutrix is more than 18 years of age but below 19 years and, resultantly, Section 6 Protection of Children from Sexual Offences Act was removed from the FIR in question.
3. Learned Additional Public Prosecutor for State further submits that factum of marriage of petitioner with prosecutrix/complainant in March, 2020 at Nanakram Swarg Ashram, Parmanand Chowk, GTB Nagar, Delhi stands verified.
4. Learned counsel for petitioner submits that marriage between petitioner and prosecutrix was solemnized on 21.03.2020 as per Hindu rites in the presence of family members and relatives and a copy of marriage certificate to this effect has been placed o
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....
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 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.
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 ....
Court may quash FIR for serious offenses if complainant reconciles with the accused and expresses no desire to proceed, thereby conserving judicial resources.
The main legal point established is that exceptional circumstances, such as a consensual relationship, settlement, marriage, and the birth of children, can influence the court to quash an FIR in the ....
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