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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
“F” S/o MA @ G (At present accused lodged in Central Jail, Jaipur) – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. fir quashing due to victim marrying accused. (Para 2 , 3 , 5 , 6) |
| 2. rape as a heinous crime requires careful handling by courts. (Para 8 , 10 , 11) |
| 3. balancing societal interests with justice and rehabilitation. (Para 9 , 13 , 22) |
| 4. quashing proceedings when victim's marriage ensures societal welfare. (Para 23 , 24) |
ORDER :
2. Counsel for the petitioner submits that the respondent No. 2 lodged a report against the petitioner wherein the allegation of rape has been levelled against him and he is facing trial for the above stated offences before the Court of the Special Judge (POCSO Act cases) No.2, Jaipur Metropolitan-II, Jaipur. Counsel submits that now the victim and the petitioner have solemnized their marriage in accordance with Muslim rights and rituals on 14.05.2025 and their marriage has been registered on 15.05.2025 by the Competent Authority. Counsel submits that under the changed circumstances and in the interest of both the parties, the proceedings arising out of the impugned FIR be quashed.
4. The respondent No. 3 i.e. victim “A”, appeared in person before the Court and she has been duly identified by her counsel. She submitted that after registration of
A marriage between the accused and victim can be grounds to quash a FIR for rape under certain circumstances, emphasizing the balance between justice and social welfare.
The court can quash POCSO proceedings if the circumstances indicate that continuing them would cause undue hardship, especially when the victim and accused have married.
The court held that marriage between the accused and the victim, along with their living together, can quash criminal proceedings under POCSO, reaffirming the principle that continued prosecution in ....
Ends of justice are higher than ends of mere law though justice has got to be administered in accordance with laws enacted by Legislature.
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....
Quash a Proceeding - Power under section 482 Cr.P.C. entitles the High Court to quash a proceeding when it comes to the conclusion that allowing the proceedings to continue would be an abuse of the p....
Victims' consent and absence of coercion voids charges of kidnapping and sexual assault if sufficient evidence of mutual marriage exists, emphasizing personal liberties and maturity under statutory l....
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