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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Abhishek Kumar S/o Ram Dhyan Mandal – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition to quash sec 69 bns proceedings. (Para 1 , 2 , 3) |
| 2. petitioner argues sec 69 compoundable; cite precedents. (Para 4 , 5 , 7 , 8) |
| 3. sec 69 serious offence; art 142 inapplicable to hc. (Para 6 , 11 , 13 , 14) |
| 4. opponents argue sec 69 serious; oppose quashing. (Para 9 , 10) |
| 5. allegations constitute sec 69; no quashing warranted. (Para 12 , 15 , 16 , 17) |
| 6. petition dismissed as meritless. (Para 18) |
JUDGMENT :
1. Heard the parties.
3. The allegation against the petitioner is that the petitioner by adopting deceitful means and by making promise to marry the Opp. Party no. 2 without any intention to fulfil the same, had sexual intercourse with the Opp. Party no. 2 and has thus committed the offence punishable under Section 69 of the BNS. There is also allegation against the petitioner that the petitioner has intentionally insulted the Opp. Party no. 2 and gave provocation to her intending and knowing it likely that such provocation will cause her to break public peace or to commit any other offence. Police after investigation of the case found the allegations against the petitioner to be true, based on the materials collected during the investigation and submitted
Proceedings under BNS Section 69 for sexual intercourse by deceitful promise of marriage not quashable under BNSS Section 528 despite compromise, as serious heinous offence with societal impact.
The court cannot quash proceedings for heinous offences like rape based on compromise, emphasizing the serious societal impact of such crimes.
The court can quash non-compoundable offences if the parties have amicably settled their disputes, ensuring justice is served.
The High Court can quash non-compoundable offences under inherent powers if the parties have amicably settled their disputes, ensuring justice is served.
The court can quash non-compoundable offences if the parties have amicably settled their disputes, ensuring justice and preventing abuse of process.
High Court quashed FIR under Section 69 BNS on compromise as offence (sexual intercourse by deceitful promise of marriage, not rape) not heinous; voluntary victim settlement secures justice, prevents....
The inherent powers of the court can quash criminal proceedings when the victim expresses no desire to proceed, especially following reconciliation and marriage, despite serious charges under IPC.
High Court quashed FIR for non-compoundable non-consensual sexual intercourse offence on victim-accused compromise and her court statement, as conviction remote, trial futile, securing ends of justic....
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