Back
DINESH KUMAR SHARMA
Sandeep Sharma – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present petition has been filed seeking quashing of FIR No. 213/2013 dated 20.05.2013 registered under Sections 323/342/506/376 IPC at P.S. Gazipur. The said FIR was lodged at the instance of the respondent No.2/complainant.
2. Briefly stated the allegations as per the FIR are that the respondent No.2/complainant and the petitioner met online around 10 years before the filing of the FIR and developed a relationship. It has been alleged that the petitioner committed to marry the complainant and had an intimate relationship with the complainant on the false pretext of marriage. The petitioner tried to have sex with the complainant several times however she refused his advances and told him that they should get married first. It has been alleged that whenever they met, he forced her to indulge in intercourse forcibly and the same happened without her consent several times. It has been alleged that on 04.06.2012 the petitioner fooled the complainant of getting married to her and got married, however the petitioner did not get the marriage registered and continued to have oral sex with the complainant. It has been alleged that as the petitioner w
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 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....
Court held that an FIR for serious offences may be quashed if the complainant later establishes a consensual relationship and the allegations lack specificity.
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....
It is necessary to examine FIR, statement recorded under Section 161 and 164 of Cr.P.C. before Judicial Magistrate First Class to find out correct factual matrix of issue - Sum and substance of decis....
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....
FIR for rape on false marriage promise quashed post mutual divorce and compromise; consensual relationship where promise not false ab initio; proceedings abuse of process.
There is clear distinction between rape and consensual sex. If accused has not made promise with sole intention to seduce prosecutrix to indulge in sexual acts, such an act would not amount to rape.
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
