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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Ramu – Appellant
Versus
State of HP – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioners have filed the present petition for quashing of FIR No. 41/2023, dated 2.10.2023, registered at Women Police Station, Baddi, District Solan, H.P. for the commission of offences punishable under Sections 363 and 366 of the Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act (POCSO). It has been asserted that petitioners No. 1 and 2 were in love with each other. Respondent No.2, the informant, did not approve of their relationship. petitioner No.2 left her home, and the informant lodged a false FIR against Petitioner No.1. Petitioner No.2 had accompanied Petitioner No.1 out of her own free will. They solemnised marriage on 21.8.2023 as per Hindu rites and ceremonies. They are living happily as husband and wife. The petitioners tried to contact the informant, but she did not pick up their call. Petitioner No.2 denied the allegations of the prosecution in her statement recorded under Section 164 of the CrPC. Therefore, the present petition for quashing of the FIR has been filed.
2. Since the petitioners had not arrayed the informant, the legal guardian of petitioner No.2, therefore, the parties were heard on the
The consent of the legal guardian is essential for quashing FIRs related to kidnapping under IPC, as the minor's consent is immaterial.
The court established that actions taken by a minor nearing the age of majority, when coupled with voluntary choice, negate allegations of kidnapping under IPC.
The main legal point established in the judgment is the distinction between 'taking' and 'enticing' a minor under Section 361 IPC, and the court's exercise of inherent powers under Section 482 Cr.P.C....
Consensual act resulting in childbirth, forgiveness and intent to solemnize marriage, absence of retributive theory of punishment
The consent of a minor in a sexual offense case is irrelevant, and evidence produced by the accused in his defense cannot be considered at the initial stage of criminal proceedings.
If a minor voluntarily leaves the guardianship and joins someone without inducement or pressure, no offence under Section 363 IPC is made out if the girl is aged more than 17 years and is mature enou....
Kidnapping - Saving inherit powers of High Court - Section 482 of Code, High Court has inherent power to quash criminal proceedings even in those cases which are not compoundable, where parties have ....
The main legal point established is that exceptional circumstances, such as a consensual relationship, settlement, marriage, and the birth of children, can influence the court to quash an FIR in the ....
Victim's consent negates charges of kidnapping under IPC, emphasizing equity over technicality in legal proceedings.
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