Back
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
BIRENDRA KUMAR, J.
Ankit Jatav - Petitioner
Versus
State of Rajasthan and ors. - Respondents
S.B. Criminal Miscellaneous (Petition) No. 3075 of 2023
Decided on : 31-05-2023
| Table of Content |
|---|
| 1. details of the fir and victim's statement. (Para 1 , 2) |
| 2. precedent case cited for quashing fir. (Para 3 , 4) |
| 3. observations on consent and marriage. (Para 5) |
| 4. fir quashed and proceedings ended. (Para 6 , 7) |
ORDER :
Mr. Birendra Kumar, J. - Prayer is for quashing of FIR No.129/2021 registered with Police Station Maangrol, Baran for offence under Section 363 of IPC, however cognizance has been taken under Sections 366 , 376, 376(2)(n) and Section 5 (1)(j)(ii) and Section 6 of The POCSO Act.
2. According to FIR, the minor girl of the informant left house on 11.04.2021 along with her friend, thereafter she did not return. It was suspected that she was induced to go. On 09.03.2022 the statement of the victim was recorded under Section 164 of Cr.P.C. She stated that she was in love with the petitioner and she left the house along with the petitioner to marry. Thereafter, they married in a temple and thereafter with her consent physical relation between the two was established.
3. Learned counsel for the petitioner submits that the petitioner and the victim were blessed with a child also. In identical facts and circumstances of the case, to protect the matrimonial life, a bench of this Court quashed the FIR to prevent abuse of the process of law.
4. The order passed in Tarun Vaishnav v. State of Rajasthan and Anr. reported in 2022 SCC Online Raj 2237 was challenged in the Hon'ble Supreme Court in SLP (Criminal) No.1890/2023 and Leave to Appeal was refused by order dated 03.03.2023.
5. Considering the fact that the victim had never alleged that she was forcefully kidnapped. No physical relation was with the petitioner when she was a minor. The two have already married and are having a child. In the circumstance, continuance of criminal proceedings would be an abuse of the process of law.
6. Hence, aforesaid FIR and the entire criminal proceedings arising out of the said FIR stands hereby quashed and the instant petition is accordingly allowed.
7. Pending application, if any, stands disposed of.
AI
A redundant criminal prosecution cannot be allowed to continue.
The court exercised its jurisdiction under Section 482 Cr.P.C and considered the humanitarian approach to prevent the ruin of the lives of the petitioner, the prosecutrix, and their child.
The High Court may exercise its inherent powers to quash criminal proceedings when the parties have reconciled, entered into a marital relationship, and are living as a stable family, as continuing t....
High Court may quash POCSO proceedings where minor victim in consensual adolescent love affair eloped, married accused, bore child, now adult and consents; prioritizes family unit protection over pro....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
