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.

ORDER :

1. The present criminal misc. petition has been preferred for quashing of the FIR No. 256/2021 registered at the Police Station Amer, District Jaipur City (North) for the offence under Section 376 IPC and Section 3/4 of the POCSO Act.

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.

3. Per contra, Learned Public Prosecutor opposed the prayer but the counsel appearing for the complainant supported the arguments raised by counsel for the petitioner.

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 the aforesaid impugned FIR, she has solemnized marriage with the petitioner and subsequently got their marriage registered before the Competent Authority on 15.05.2025. She further submitted that she is leading a happy married life and she does not wish to prosecute the petitioner, therefore, the FIR registered against the petitioner be quashed.

5. Counsel for the petitioner submits that earlier when the petitioner was in custody, he filed S.B. Criminal Misc. Third Interim Bail No. 5537/2025 before this Court with the prayer for releasing him on interim bail for the purpose of solemnizing marriage with the victim. Counsel submits that the said application was allowed by the Co-ordinate Bench of this Court on 08.05.2025 and, after being released from jail, the petitioner and the victim solemnized their marriage and got their marriage registered as well. Counsel submits that the Hon’ble Apex Court in the case of Mahesh Mukund Patel Vs. State of U.P. and Ors. 2025 SCC Online SC 614 and in the case of K. Dhandapani Vs. State by the Inspector of Police, 2022 SCC Online SC 1056 has quashed the FIR and even in cases registered under the POCSO Act considering the victim has solemnized marriage with the accused.

6. Counsel submits that applying the aforesaid principle of law, as laid down by the Hon’ble Apex Court, in the above noted cases, the proceedings against the petitioner be quashed as well.

7. Heard and considered the submissions made at Bar and perused the material available on record.

8. This Court is quite conscious of the fact that the crime of rape can be regarded as the highest form of torture inflicted upon womanhood. It not only inflicts physical torture upon the body of the woman but also adversely affects her mental, psychological and emotional well-being. Therefore, the offence of rape is treated as the most heinous crime against the very basic human right conferred upon woman i.e., ‘right to life and dignity’. Such cases must be handled by the Courts with utmost sensitivity and high responsibility.

9. This Court is also well aware that the proceedings arising out of the offences, such as rape, cannot be quashed by exercising its powers under Section 528 of the BNSS, even if a compromise has taken place between the victim and the accused. However, at the same time, the Court cannot ignore or overlook the welfare so also the present and future life of t