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DELHI HIGH COURT
TALWANT SINGH
Hari Om – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. quashing of fir depends on facts of elopement (Para 1) |
| 2. victim's testimony supports petitioner's claims (Para 2) |
| 3. judicial discretion in quashing fir (Para 3) |
| 4. inherent powers to prevent abuse of law (Para 4) |
| 5. court allows petition and quashes fir (Para 5 , 6) |
JUDGMENT
Talwant Singh, J. The present petition has been filed for quashing of FIR No. 0457/2017, PS Jaitpur, registered under Section 363 IPC and under Section 6 of Protection of Children from Sexual Offences Act, (POCSO) Act. The petitioner no.1 is the husband of the prosecutrix. Petitioner no.2 is sister of petitioner no.1 and petitioner no.3 is brother-in-law of petitioner no.1 and they have not been chargesheeted but they are shown in column 12 of the chargesheet submitted by the investigated agency.
1.1. The factual matrix given in the matter is that father of the prosecutrix lodged FIR No. 457/2017 under Section 363 IPC, registered at PS Jaitpur. The contention of the petitioner No. 1 is that prosecutrix had on her own had eloped with petitioner no.1 and at that time she had disclosed her age to be 18 years. Petitioner no.1 and respondent no.2/prosecutrix got married in Lucknow and they consumma
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.
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 court's power under Section 482 Cr.P.C can be exercised to prevent the abuse of legal process and secure the ends of justice, particularly in cases involving love affairs and subsequent marriage.
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 power to quash FIRs for serious crimes only if there exists a remote possibility of conviction and fairness to justice requires such action.
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