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RAJNISH BHATNAGAR
Firoz – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Rajnish Bhatnagar, J. Long and short of the case is that the mother of the victim i.e. respondent no.2 herein lodged a missing complaint which stands registered as case FIR No. 429/2021 under Section 363 IPC, registered at P.S. Vasant Kunj. After more than 7 months, the investigating agency traced and recovered the daughter of the respondent no.2 i.e. petitioner no.2 herein along the petitioner no.1 from Uttar Pradesh and were brought to Delhi. Further, medical of petitioner no.2 was conducted and UTP was found negative and thereafter, on 13.07.2022, petitioner no.1 was arrested.
2. On 14.07.2022, the statement of petitioner no.2 under Section 164 Cr.P.C. was recorded wherein, she had categorically narrated and stated that she became friends with petitioner no.1 through Instagram and both were in love relationship. Petitioner no.2 further stated that she left her home in Delhi on 23.11.2021 on her own to meet petitioner no.1 at UP and whatever, has happened thereafter, was with her consent and no one forced her.
3. On 10.11.2022, after the petitioner no.1 was granted regular bail; being incarcerated for three months and both the petitioners got married and since then they
Consent and marriage of the victim as grounds for quashing FIR and proceedings
Quashing of Criminal proceedings- Conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having ove....
The court can exercise its inherent powers under Section 482 Cr.P.C. to quash FIRs and criminal proceedings, even in non-compoundable cases, based on the specific facts and circumstances of the case,....
The court exercised its jurisdiction under Section 482 Cr.P.C and considered the humanitarian approach to prevent the ruin of the lives of the petitioner, the prosecutrix, and their child.
The High Court may quash proceedings under inherent powers if a victim and offender marry post-allegation, promoting justice and familial stability despite non-compoundable offences.
The main legal principle established in the judgment is the significance of genuine settlements in matrimonial disputes and the exercise of the power of quashing criminal proceedings in appropriate c....
Criminal Law - Seeking quash of FIR/ Proceedings - Power under Section 482 Cr.P.C. and further even otherwise, in view of statement of complainant, if criminal proceedings are allowed to continue sam....
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