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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Naveen alias Akshay - Appellant
Versus
State - Respondent
Crl.M.C. 1983 of 2022
Decided On : 29-11-2022




The court quashed the FIR based on the complainant's subsequent marriage to the petitioner and absence of coercion, highlighting that unique circumstances can warrant such a decision.

Headnote:(A) Indian Penal Code, 1860 - Sections 354, 354A, and 506 - Quashing of FIR - The complainant, having married the petitioner and living happily together, expressed no fear or coercion regarding the allegations. The court acknowledged the uniqueness of the case and granted the quashing of the FIR. (Paras 1-5)

Facts of the case:
The petition was filed to quash FIR no. 11/2020 for offences under IPC sections 354, 354A, and 506 after the complainant married the petitioner shortly after lodging the FIR.

Findings of Court:
The court found no evidence of fear or coercion against the complainant.

Issues: Whether the FIR should be quashed given the subsequent marriage and the absence of coercion.

Ratio Decidendi: The court determined that the extraordinary circumstances justified quashing the FIR as the complainant willingly married the petitioner and expressed no fear regarding the initial allegations.

Result: FIR quashed and the petition disposed of.

Table of Content
1. marriage as a factor in quashing fir (Para 1 , 2 , 3)
2. lack of fear or coercion from complainant (Para 4)
3. quashing of fir based on unique circumstances (Para 5 , 6)

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present petition has been filed seeking quashing of FIR no.11/2020 dated 19.01.2020 registered at Police Station Anand Parbat for the offences punishable under Section 354/354A/506 of the Indian Penal Code, 1860.

2. The complainant is present. She submits that she has already married to the petitioner. IO has also verified that the complainant got married to the petitioner around a month after lodging the FIR.

3. Learned APP for the State also states that as per instructions from the IO, the parties are married and happily living together.

4. I have inquired from the complainant, there seems to be no fear, force or coercion on the complainant.

5. In view of the extra ordinary peculiar facts, the case FIR No. 11/2020 dated 19.01.2020 registered at Police Station Anand Parbat for the offences punishable under Section 354/354A/506 of the Indian Penal Code, 1860 and all the proceedings emanating therefrom are quashed.

6. The present petition stands disposed of.

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