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IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA
Gyanee Zail Verma – Appellant
Versus
State And Ors Through Sho – Respondent
ORDER :
1. The present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 , [“ BNSS ”] (erstwhile Section 482 of the Code of Criminal Procedure, 1973, [“ Cr.P.C .”]) seeks quashing of FIR No. 75/2021, [“Impugned FIR”] dated 9th February, 2021 registered under Sections 376 of the Indian Penal Code, 1860 , [“ IPC ”] at P.S. Dwarka North and subsequent proceedings arising there from. A chargesheet has been filed subsequently adding sections 506/34 of IPC and 4 of the Protection of Children from Sexual Offences Act, 2012 .,
2. The Impugned FIR was registered in 2021 on the complaint of Respondent No. 2, alleging that Petitioner No. 1 had established physical relations with her under the pretext of marriage, approximately three years prior to the filing of the complaint. According to the Complainant, the alleged incident took place two to three days before Holi in the year 2018. This formed the basis for registration of the FIR under Section 376 of the Indian Penal Code. During the course of investigation, the Complainant’s school records were verified, which reflected her date of birth as 5th March, 2000. Based on her age at the time of the alleged
The court may quash serious criminal proceedings in exceptional circumstances where the parties have resolved their differences and married, serving the interest of justice.
The main legal point established is that exceptional circumstances, such as a consensual relationship, settlement, marriage, and the birth of children, can influence the court to quash an FIR in the ....
Consensual sexual intercourse is not rape.
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