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IN THE HIGH COURT OF DELHI AT NEW DELHI
ALOK KUMAR DAS – Appellant
Versus
STATE OF NCT OF DELHI & ANR – Respondent
| Table of Content |
|---|
| 1. background of alleged marriage pressurization. (Para 2 , 3 , 4 , 5 , 6 , 8) |
| 2. implications of alleged marriage validity. (Para 10 , 14 , 18 , 26) |
| 3. subsequent marriage during ongoing claims. (Para 12 , 13 , 23 , 27) |
| 4. request to quash fir based on false claims. (Para 17 , 19 , 29) |
| 5. court's affirmations on legal proceedings. (Para 22 , 31) |
| 6. conclusion of the petition dismissal. (Para 32) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. The Petition under Article 226/227 of the Constitution of India read with Section 482 Code of Criminal Procedure (‘Cr.P.C.’) has been filed on behalf of the Petitioner seeking quashing of FIR No. 131/2012, under Sections 498A/406/34/494 IPC, P.S. Jafrabad, Delhi and consequential proceedings emanating therefrom, and also for initiating appropriate enquiry against Respondent No.2 for deposing falsely in the proceedings and thereby abusing the process of law.
2. Brief facts as stated in the Petition, are that the Petitioner/Alok Kumar Das being a school friend of Sh. Rajeev Ranjan, younger brother of Respondent No.2 used to visit their house till the year 2002-03. Respondent No.2 /Complainant, elder sister of Rajeev Ranjan, was about six years ol
The court upheld that prima facie evidence existed for a valid marriage, necessitating a trial on allegations of dowry and fraud, dismissing the petition to quash related FIR.
The High Court's power to quash FIRs is limited and should only be exercised in rare cases where allegations do not constitute a cognizable offence.
The main legal point established in the judgment is the requirement to prove that the promise of marriage was false, given in bad faith, and with no intention of being adhered to at the time it was g....
FIR alleging rape on false marriage promise quashed where consensual adult relationship sours, complainant married and ineligible to remarry, no evidence of vitiated consent or initial deceit.
When there is allegation that sexual relationships were made on the basis of false promise of marriage, then it has to be established that promise of marriage was a false promise, given in bad faith ....
Specific allegations of domestic harassment must be assessed through a trial, as quashing proceedings requires clear grounds not met in this case.
The court ruled that specific allegations of dowry demand and cruelty necessitate ongoing investigation under applicable criminal provisions, warranting dismissal of the quashment petition.
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