Back
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
JUSTICE ANOOP KUMAR DHAND, J
Shawez Khan Son of Shri Mohammad Akbar – Appellant
Versus
State of Rajasthan, Through P.P – Respondent
| Table of Content |
|---|
| 1. fir registered against petitioner (Para 1) |
| 2. counsel submits marriage occurred (Para 2 , 3) |
| 3. victim does not wish to prosecute (Para 4 , 5 , 6) |
| 4. compromise defined (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 5. criminal misc. petition allowed (Para 13 , 14 , 15) |
ORDER :
Anoop Kumar Dhand, J.
1. By way of filing of this misc. petition, a prayer has been made by the petitioner for quashing the entire criminal proceedings of Session Case No. 54/2024, arising out of the FIR registered against him for the offence under Sections 323, 376 and 506 IPC.
2. Learned counsel for the petitioner submits that the respondent No. 2 had lodged a report against the petitioner wherein allegation of rape has been levelled. Counsel submits that subsequently, both the petitioner as well as the complainant/victim i.e. respondent No. 2 have performed marriage with each other and they have got their marriage registered with the Registrar of Marriage on 01.08.2024. Counsel submits that under the changed circumstances, the FIR as well as the proceedings arising out of the same be quashed and set aside in the interest of justice as well as in the interest of the parties. In support of his contentions, he h
The court quashed the FIR under Sections 323, 376, and 506 IPC based on the mutual consent of the parties after marriage, emphasizing the need to protect their marital relationship.
The court can consider quashing FIR and related proceedings when the complainant/prosecutrix herself takes the initiative to resolve the misunderstanding and does not wish to pursue the proceedings, ....
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 may quash FIRs for non-compoundable offenses under specific circumstances where misunderstandings are resolved, particularly involving parties who have married post-complaint.
Court may quash FIR for serious offenses if complainant reconciles with the accused and expresses no desire to proceed, thereby conserving judicial resources.
The Court can invoke inherent powers under Section 482 CrPC to quash proceedings based on a genuine and voluntary compromise, considering the nature of the offence, societal impact, and the ends of j....
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
