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DELHI HIGH COURT
SURESH KUMAR KAIT
Vivek Kumar Yadav – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. fir and background facts (Para 1 , 5 , 6 , 8) |
| 2. proceedings and hearing format (Para 3 , 4) |
| 3. resolution of dispute and engagement (Para 7) |
| 4. legal precedents on false promise to marry (Para 9 , 10) |
| 5. exceptions to quashing fir in rape cases (Para 11 , 12 , 13) |
| 6. quashing the fir (Para 14 , 15) |
The hearing has been conducted through video conferencing.
1. The present petition has been preferred by the petitioner seeking quashing of FIR No. 150/2018, registered at police station Shakarpur, Delhi for the offences under Sections 376 (2) (n)/323 IPC.
2. Notice issued.
3. Mr. G.M.Farooqui, learned Additional Public Prosecutor for respondent No.1/State accepts notice. Learned Additional Public Prosecutor for State submits that respondent No.2 is present through video conferencing and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present through video conferencing.
4. With the consent of both the sides, the present petition has been taken up for hearing and disposal.
5. The crux of the prosecution case, as noted in the charge-sheet filed in this case, is that petitioner and re
Consent under false promise of marriage does not constitute an offense unless it can be established that the promise was false from the beginning.
Amicable settlement between parties - False promise to marry - Seeks quash of FIR - A breach of a promise cannot be said to be a false promise - To establish a false promise maker of promise should h....
The court can quash FIRs in cases of alleged sexual offences if the complainant unequivocally expresses a desire to resolve disputes amicably after marriage, indicating no public interest in continui....
FIR quashed - Offence of Rape - FIR should not be quashed in case of rape as it is a heinous offence, but when complainant/prosecutrix herself takes initiative and states that she wants to give quiet....
Court may quash FIR for serious offenses if complainant reconciles with the accused and expresses no desire to proceed, thereby conserving judicial resources.
The court can consider quashing FIR and related proceedings when the complainant/prosecutrix herself takes the initiative to resolve the misunderstanding and does not wish to pursue the proceedings, ....
Court quashed FIR based on amicable settlement between parties and no desire to pursue prosecution further.
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 ....
Amicable settlements between parties can lead to quashing of FIRs in criminal matters when continuation of prosecution serves no useful purpose.
A settled dispute between parties, coupled with the complainant's wish not to pursue charges, justifies quashing of the FIR to serve no public interest.
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