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ANOOP KUMAR DHAND
Saurabh Malhotra – Appellant
Versus
State of Rajasthan Through PP – Respondent
ORDER
1. Marriage is considered as sacred union between two individuals - transcending beyond physical, emotional and spiritual bonds. According to the ancient Hindu laws, marriage and its rituals are performed to pursue Dharma (duty), Artha (possessions), and Kama (physical desire). With such sanctity, marriage is more than a ritual and accordingly the present criminal jurisprudence invoke Section 90 of the Indian Penal Code (for short ’IPC’) when the consent of sexual intercourse was sought by the petitioner from the respondent no.2 on the promise of marriage.
2. The respondent no.2, who shall be referred as ’A’ lodged a FIR no. 88/2022 against the petitioner with Mahila Police Thana at Sawai Madhopur for the offence under Section 376 IPC alleging therein that she is 29 years of age and working in News Channel job Bharat 24 and she came in acquaintance with the petitioner in 2020 at Noida and they exchanged their mobile numbers and became friends. On 21.03.2021, the petitioner made a proposal to marry her and developed sexual relations with her and she became pregnant and he gave pills to her to abort the pregnancy. Thereafter they visited Leh Ladhak, Vrindavan, Dehradun, Mussoorie
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The power to quash criminal proceedings should be exercised sparingly and with caution, especially for heinous and serious offences, while considering the nature of the offence, the impact on society....
The court ruled that allegations of rape under Section 376 IPC were not established, allowing quashing of the FIR based on the consensual nature of the relationship and the parties' subsequent marria....
The main legal point established is that in cases of serious offences, the existence of a compromise and the absence of a chance of conviction can justify the quashing of criminal proceedings.
The court held that the FIR for rape was quashed as the relationship was consensual, and continuation of proceedings would cause undue prejudice, affirming the importance of consent and the role of c....
Point of law: Offence under Section 376 of IPC being a sexual offence would fall in category of heinous and serious offences and are to be treated against society and not against an individual one an....
The main legal point established in the judgment is the court's authority to quash criminal proceedings and FIR under Section 482 of the Code of Criminal Procedure, especially when the parties have a....
The power to quash criminal proceedings should be sparingly exercised, especially in cases involving heinous and serious offences with a societal impact. The ends of justice and prevention of abuse o....
A grave criminal offence or serious economic offence or for that matter offence that has potentiality to create a dent in financial health of institutions, is not to be quashed on ground that there i....
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