Back
JASMEET SINGH
Rajneesh Kumar @ Rahul – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
ORDER
1. This is a petition filed seeking quashing of the FIR No. 528/2021 dated 29.08.2021 registered under Section 363/366/376 IPC read with Section 6 POCSO Act at PS Moti Nagar and consequential proceedings emanating therefrom.
2. As per the FIR, the father of the minor girl registered a complaint regarding his missing daughter on 29.08.2021 at around 11 p.m. It was alleged that his daughter, a minor has been kidnapped. However, after the missing person's report was filed, the girl was found after 1 year, wherein she was married to the petitioner.
3. Mr. Gupta, learned counsel for the petitioner states that the petitioner and respondent were in love. Subsequently, they got married on 11.08.2021. The petitioner and the respondent No.2 had also one child born out of the wedlock.
4. It is stated by Mr. Gupta, learned counsel for the petitioner that the petitioner and the respondent No.2 are happily married and at that point in time were in love with each other. It is only after marriage that they entered into physical relationship.
5. I am of the view that in the present case, the petitioner and the prosecutrix are happily married and also have a child. The prosecutrix had on her own ac
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 exercise its inherent powers to quash criminal proceedings when the parties have reconciled, entered into a marital relationship, and are living as a stable family, as continuing t....
The court established that a victim's marriage to the accused and her consent can negate allegations of kidnapping under IPC and POCSO Act.
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.
Consent and marriage of the victim as grounds for quashing FIR and proceedings
The High Court may exercise inherent powers under Section 482 Cr.P.C. to quash criminal proceedings, including those involving non-compoundable offences like sexual offences, if the parties have reac....
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
