SANJAY DHAR
Rakesh Kumar – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
Sanjay Dhar, J.
1. The petitioner has challenged FIR No. 6/2022 for offences under section 376 and 420 IPC registered with Police Station, Women Cell, Kathua.
2. It appears that the impugned FIR has been registered on the basis of the complaint made by Respondent No. 2 in which she had alleged that in the year 2017, she was asked by the petitioner to have a relationship with him and accordingly, they started meeting each other in the college. It was further alleged that after a few meetings, the petitioner agreed to enter into wedlock with the Complainant/Respondent No. 2 and on 09.07.2018, a document came to be executed by the parties in the court at Hiranagar. It was further alleged in the complaint that one day, she was taken by the petitioner to a house on the pretext of taking her to Jasrota Mata Mandir at Rajbagh where her consent to have sexual intercourse was obtained by the petitioner on the promise of marriage. According to the complainant, thereafter the petitioner had sexual intercourse with her on a number of occasions by representing himself as her legally wedded husband. In October, 2019, when the complainant asked the petitioner to take her to matrimonial ho
The court can quash FIRs for non-compoundable offences if the parties have settled their dispute and the continuation of proceedings would serve no public interest.
The main legal point established in the judgment is that heinous and serious offences, especially those under Section 376 IPC, cannot be quashed based on a settlement between the parties, as they hav....
Point of law: Offence under Section 376 of IPC being a sexual offence would fall in category of heinous and serious offences and are to be treated against society and not against an individual one an....
The main legal point established in the judgment is that heinous and serious offences like rape, which have a serious impact on society, cannot be quashed based on a settlement between the parties.
The power to quash criminal proceedings should be sparingly exercised, especially in cases involving heinous and serious offences with a societal impact. The ends of justice and prevention of abuse o....
Consensual sexual intercourse is not rape.
The power of the High Courts to quash FIRs, the nature of offences that can be quashed based on compromise, and the influence of previous judgments on the court's decision.
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 held that serious offences like rape cannot be quashed based on compromise, emphasizing the societal impact and the need for justice.
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.