Back
SATYEN VAIDYA
Vikesh Kumar – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
(Satyen Vaidya, J.)
1. By way of instant petition, the petitioner has sought quashing of FIR No. 39 of 2020, dated 04.12.2020, under Sections 376 and 506 of the IPC registered at Police Station Women Solan, District Solan, H.P. and consequential criminal proceedings arising therefrom.
2. It is averred in the petition that no case was made out against the petitioner on the basis of allegations levelled against him in the aforesaid FIR. The contention of petitioner is that there were no allegations that when the petitioner for the first time maintained physical relations with the prosecutrix, he had done it in a bad faith or with intent to deceive her.
3. During the pendency of petition, Cr.MP No. 3752 of 2022 was moved on behalf of the petitioner with a prayer to take on record compromise deed executed between the petitioner and respondent No.2-prosecutrix. Prayer was allowed and compromise deed, Annexure P-1 was taken on record.
4. The perusal of contents of compromise deed reveal that the prosecutrix has decided to withdraw from prosecution due to the fact that she has been married to some other person and was residing happily with him.
5. Petitioner and respondent No.2 w
Point of Law : Objective of every legal system is to ensure maintenance of peace and harmony in society - In order to avoid further disturbance in lives of private parties hereto and also third parti....
Though Court should be slow in quashing proceedings wherein heinous and serious offences are involved, High Court is not foreclosed from examining as to whether there exists material for incorporatio....
Sexual offences under Section 376and 377 of IPC has been termed to be a serious and heinous offence and generally treated as crime against society.
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 may quash FIRs for non-compoundable offenses under specific circumstances where misunderstandings are resolved, particularly involving parties who have married post-complaint.
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, ....
Consensual sexual intercourse is not rape.
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....
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
