GITA GOPI
Sumit Vikramsinh @ Vikubha Zala – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. RULE. Mr. Hardik Mehta, learned Additional Public Prosecutor and Ms. Priyanka A. Gupta, learned Advocate, waive service of notice of Rule on behalf of respondents No.1 & 2 respectively.
2. This application has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the First Information Report bearing I-C.R. No.83 of 2019 registered with Kathlal Police Station, Kheda, Nadia for the offences punishable under Sections 363, 366, 376(1) and 114 of the Indian Penal Code and under Sections 3(a), 4, 5(L), 12 and 17 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the proceedings initiated in pursuant thereto.
3. Learned Advocate for the applicants submitted that the applicant No.1 and the victim girl have married in the presence of the family members and relatives and others on 14.02.2020 and the marriage ceremony has taken place at Kesharpura, District Kheda, Nadiad. The marriage was registered on 25.02.2020 at Serial No. 0000014 of Volume 00000001 of Register of Marriages. Learned Advocate submitted that the Court may verify the said aspect from the original complainant, respondent no.2.
4. Learned Advocate Ms. P
The main legal point established in the judgment is the court's exercise of inherent power under Section 482 of the Code of Criminal Procedure to quash the FIR and proceedings based on an amicable se....
Inherent powers under Section 482 of the CrPC may quash FIRs in matrimonial disputes when mutual consent is present, despite non-compoundable offences, to prevent injustice.
Quashing of Criminal proceedings- Conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the Code can be exercised having ove....
The court can quash a criminal case if it finds that the alleged offense is unnecessarily incorporated in the FIR and the ingredients of the offense are not satisfied, especially when the parties hav....
The court has the authority to quash proceedings if an amicable settlement is reached between the parties and if the allegations are similar to a previously quashed FIR.
Quashing of FIR permitted when offences are personal and do not affect public interest.
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