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DELHI HIGH COURT
SURESH KUMAR KAIT
Aashish Chandra Tiwary (Surg Lt Cdr) – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. quashing of fir for misunderstanding. (Para 1 , 9) |
| 2. arguments regarding misunderstanding and marriage. (Para 7 , 8 , 10 , 11) |
| 3. legal precedents on false promise to marry. (Para 12 , 13 , 14 , 15) |
| 4. decision to quash fir based on lack of purpose. (Para 16) |
| 5. final order to quash proceedings. (Para 17 , 18) |
The hearing has been conducted through video conferencing.
1. Vide present petition, petitioner is seeking quashing of FIR No. 95/2021, registered at police station Naraina, Delhi for the offence under Sections 376 (2) (n) IPC.
2. Notice issued.
3. Ms. Richa Kapoor, learned Additional Standing Counsel for respondent No.1/State accepts notice.
4. Ms. Neha Rajpal, Advocate for respondent No.2, accepts notice and submits that respondent No.2, who is the complainant of FIR in question, is present through video conferencing.
5. The Investigating Officer of this case is present through video conferencing and she has identified the complainant who is also present through video conferencing.
6. With the consent of both the sides, the present petition has been taken up for hearing and disposal.
7. Learned counsel for petitioner submits that
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....
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....
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, ....
The court may quash an FIR when the parties reach an amicable settlement and the complainant does not object, indicating no useful purpose in prosecution.
The court may quash FIRs for non-compoundable offenses under specific circumstances where misunderstandings are resolved, particularly involving parties who have married post-complaint.
The court can quash an FIR under IPC sections concerning matrimonial disputes when parties reach an amicable settlement, rendering further prosecution purposeless.
The court established that marital reconciliation and mutual agreement can serve as grounds for quashing serious offences under IPC in particular circumstances, allowing the accused to avoid further ....
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