IN THE HIGH COURT OF DELHI
Talwant Singh, J.
Aamir Khan (Dr.) - Appellant
Versus
State - Respondent
Crl.M.C. 175 of 2022
Decided On : 24-05-2022
Quashing of FIR - Love Affair - Sections 376/328 IPC - Section 482 Cr.P.C
Fact of the Case:
The petitioner, an MBBS doctor, and respondent no.2, a lawyer, were in a love affair and had a marriage proposal accepted by both families. Disputes arose, leading to the filing of an FIR by respondent no.2 alleging physical relations on the promise of marriage. The parties later married and sought to quash the FIR.
Finding of the Court:
The court found that the parties had married and were living together peacefully, and the FIR served no useful purpose, thus exercising its power under Section 482 Cr.P.C to quash the FIR.
Issues: Dispute arising from a love affair, allegations of physical relations on the promise of marriage, and the subsequent marriage of the parties.
Ratio Decidendi: The court exercised its power under Section 482 Cr.P.C to prevent the abuse of the legal process and secure the ends of justice, considering the parties' marriage and peaceful cohabitation.
Final Decision: The court quashed the FIR No. 438/2021 under Sections 376/328 IPC and the proceedings emanating therefrom, disposing of the petition and pending applications.
JUDGMENT
Talwant Singh, J. The present petition has been filed for quashing the FIR No. 438/2021 under Sections 376/328 IPC registered at PS Ranjit Nagar, Central Delhi.
2. Notice was issued. Status report has been filed.
3. I have heard learned counsel for the petitioner as well as the learned APP for the State.
4. The case of the petitioner is that he is an MBBS doctor and respondent no.2 is a practising lawyer. There was a love affair between two of them for the last more than 2 years and during this period the marriage proposal was also conveyed to the family of respondent no.2 by the family of petitioner and the same was also accepted by parents of respondent no.2. In the first week of September, 2020, meeting took place between the parents of both the sides and it was agreed that the marriage would be solemnized after a period of 2 years on completion of DCH course of the petitioner. Certain differences arose between the parties on 11.09.2021 and thereafter respondent no.2 filed the present FIR against the petitioner on 28.11.2021 on the allegation that the petitioner had made physical relations with respondent no.2 on the promise of marriage on number of occasions and later on he stopped talking to her and the mother of the petitioner was insisting that the petitioner should marry a bride from the same profession. A copy of the FIR has been enclosed with the petition, wherein these allegations have been made.
4.1. It is further submitted that on 14.12.2021, the petitioner and respondent no.2 got married by performing Nikah as per Muslim Rites and Ceremonies and the marriage was duly registered with the office of Marriage Registrar, Ghaziabad, UP. On the same day, the petitioner was arrested despite objections from respondent no.2. He was ultimately bailed out vide order dated 19.12.2021 passed by learned ASJ but the actual release took place on 21.12.2021. When the petitioner went to his hospital, where he was employed as a junior resident doctor, to join his services, the petitioner was informed by the department that he has been terminated as he was in judicial custody continuously for 7 days. It has been submitted that the dispute between the petitioner and respondent no.2 was more of a private and civil nature, the same has already been amicably settled and both the parties have voluntarily married and have now been living together as husband and wife peacefully and respondent no.2 does not wish to pursue any proceedings, hence it has been prayed that the FIR be quashed.
4.2. The petitioner has placed on record compromise deed dated 04.04.2022 along with photograph of the marriage and reception as well as photograph of the marriage card. The following has been stated in the compromise Deed:
1. That both the parties have already married on 14/12/2021 as per Islamic rites and customs and have also got their marriage register with the marriage Registrar office Ghaziabad.
2. That both the parties have been living together as husband and wife under the same roof at D-131, 2nd Floor Gali No. 6, CR Road, Laxmi Nagar, New Delhi Laxmi Nagar, New Delhi.
3. That it has been undertaken by the Second party that he will keep the First party happy and shall provide all necessities of life and shall bear all expanses being and likely to be incurred in day-to-day affairs and maintenance of both the parties.
4. That the Second Party shall pay for the house rent of the aforesaid accommodation and shall continue to pay in future also.
5. That the Second Party shall pay an amount Rs.25,000/- to the First Party per month for enabling her to meet day to day expanses of their dwelling unit.
6. That the Second shall continue to pay for all expanses of the First party in future as well and shall not commit any act of cruelty or desertion.
7. That the First Party shall co-operate and make all endeavors to get the FIR quashed from the Hon'ble court of law and shall appear before the Hon'ble Court on all dates as and when she would be re
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.
Consensual sexual intercourse is not rape.
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....
High Courts can quash FIRs in matrimonial disputes when parties amicably settle, as continuance would lead to abuse of judicial process and not serve the ends of justice.
The court has the inherent power under Section 482 Cr.P.C to quash FIRs when continuation serves no purpose, especially when the victim has voluntarily entered into marriage and supports the accused.
The main legal point established in the judgment is the court's authority to quash FIRs under certain circumstances, such as when there is a settlement between the parties and a harmonious relationsh....
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 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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