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SAURABH BANERJEE
Rihan @ Noor Mohammad – Appellant
Versus
State (Govt. of NCT Delhi) – Respondent
JUDGMENT
1. Present petition has been filed by petitioner seeking quashing of FIR No.281/2016, dated 29.06.2016 under Section(s) 376/506 of the Indian Penal Code, 1860 and Section(s) 4/6 of Protection of Children from Sexual Offences Act, 2012, P.S. Gandhi Nagar, Delhi and all the proceedings emanating therefrom, in view of the settlement recorded in the form of a Compromise Deed dated 15.02.2023, inter-se the petitioner and respondent no.2.
2. As per FIR, the complainant/prosecutrix was taken to a Doctor after having pain in her stomach and an ultrasound revealed that she was six months pregnant. The aforesaid led to the registration of the FIR, as per which an individual @Rihan, the petitioner herein, had forcefully established physical relations with her.
3. During the course of addressing arguments, the learned counsel appearing for the petitioner submits that the complainant/prosecutrix has since married the petitioner on 04.04.2018 i.e., prior to the completion of two years of the registration of the FIR. Not only that, today they are happily living together and have also been blessed with two male children, namely Master Ayan and Master Azhar. Thereafter, he has also hand
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 ....
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 established that voluntary consent from a victim, especially after marriage, can lead to quashing of FIRs under IPC and POCSO Act.
The High Court may exercise its inherent powers to quash criminal proceedings arising from matrimonial disputes when parties have reached a voluntary, amicable settlement, thereby serving the interes....
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....
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