The court held that post-FIR marriage does not warrant quashing of rape allegations; parties must approach the court with clean hands.

JUDGMENT

Swarana Kanta Sharma, J.

INDEX TO THE JUDGMENT

OVERVIEW

FACTUAL HISTORY OF THE CASE

History of Past Police and Judicial Proceedings ?

THE RIVAL CONTENTIONS

ISSUE IN DISPUTE BETWEEN THE PROSECUTION AND THE PETITIONER

ISSUES MANDATING JUDICIAL NOTICE FOR THE OVERALL WELL-BEING OF THE COMMUNITY

PRINCIPLES GOVERNING QUASHING OF FIRs ON THE BASIS OF SETTLEMENT AND THE ROLE OF COURTS

FIRST JUDICIAL ERROR: MECHANICALLY RECORDED STATEMENT UNDER SECTION 164 OF CR.P.C.

SIGNIFICANCE OF RECORDING STATEMENTS OF SEXUAL ASSAULT VICTIMS UNDER SECTION 164 OF CR.P.C.

Guidelines Apropos Recording of Statement under Section 164 of Cr.P.C. of sexual assault victims

SECOND JUDICIAL ERROR

LOVE, LAW, LIES & LITIGATION

Alleged Compromise Deed Executed in 2012

Mala Fide on Part of Prosecutrix

Conduct of Non-Disclosure of True Facts To The Authorities By The Accused

IMPORTANCE OF PARTIES APPROACHING THE JUDICIAL SYSTEM WITH CLEAN HANDS

NO DOCUMENT TO SHOW THAT MS. M HAD OBTAINED DIVORCE FROM MR. P AND WAS THUS COMPETENT TO SOLEMNIZE MARRIAGE WITH ACCUSED EVEN AFTER CONVERSION TO ISLAM

THE CONCERNS OF COURT REGARDING THE PROCESS FOLLOWED FOR RELIGIOUS CONVERSIONS SOLELY FOR THE PURPOSE OF MARRIAGE

The Courts in India have Religiously Guided the Religious Sanctity of a Person`s Choice to Practice Any Religion

RELIGIOUS CONVERSIONS SOLELY FOR THE PURPOSE OF SOLEMNIZATION OF INTER-FAITH MARRIAGES: CRUCIAL ASPECTS TO BE FOLLOWED

1. Informed Consent and Understanding:

2. Communication in Native Language:

3. Legal Implications of Conversion Be Explained: Succession & Inheritance, Maintenance, Custody of Children, Rights of the Spouse to Personal Law After Conversion

4. Religious Repercussions of Conversion for the Purpose of Inter-faith Marriage:

5. Marital Consequences in Marriages after Conversion:

6. Identity Verification of the Prospective Spouses:

7. Affidavit for Marital History:

8. Scope for Reverting Back to Original Religion:

GUIDELINES

Note of Caution

CONCLUSION

The Decision

OVERVIEW

1. The sheer strangeness of some of the facts and events of this case that have been encountered by this Court, have compelled this Court to consider multiple issues which needed consideration in one case.

2. One of such issues is as to whether love and consequent marriage after registration of the FIR is or isn't always an adequate defence against a case registered under Section 376 of INDIAN PENAL CODE , 1860 (`IPC') for the purpose of quashing the FIR without a trial.

3. This case also presents a situation which points out that there may be some cases involving facts and situations that even the Legislature didn't plan for, which will raise questions and issues in a petition that may not have come up or dealt with previously by a Court of law.

FACTUAL HISTORY OF THE CASE

4. Facts of the case, what actually transpired and the controversy in issue as well as the procedural history of this case, which should ideally be kept minimal in a judgment by a appellate or writ court, in this case, as a matter of necessity, needs to be described at a reasonable length as they are of ultimate importance to