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MANISHA BATRA
Deepak Kumar – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mrs. Manisha Batra, J. (Oral)
The instant petition has been filed under Section 482 of Cr.P.C. by the petitioner seeking quashing of FIR No. 165 dated 20.09.2021, registered under Sections 376, 379A and 506 of the IPC at Police Station Raipur Rani, Panchkula along with the all the subsequent proceedings arising therefrom, on the basis of the compromise (Annexure P-2) arrived at between the parties.
2. Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of a written complaint submitted by respondent No. 2/complainant 'K' (name withheld) alleging therein that she was a divorced woman and had a four years' old daughter. She had been in relationship with the petitioner for the last one year and two months. The petitioner was known to these facts. She alleged that the petitioner had been making physical relations with her for the last one year on the pretext of performing marriage with her. On 20.09.2021, the petitioner threatened her to commit suicide if she compelled him to perform marriage with her and would also implicate her in a false case. The petitioner had also snatched her mobile phone
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....
The court ruled that allegations of rape under Section 376 IPC were not established, allowing quashing of the FIR based on the consensual nature of the relationship and the parties' subsequent marria....
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.
It is necessary to examine FIR, statement recorded under Section 161 and 164 of Cr.P.C. before Judicial Magistrate First Class to find out correct factual matrix of issue - Sum and substance of decis....
The main legal point established is that in cases of serious offences, the existence of a compromise and the absence of a chance of conviction can justify the quashing of criminal proceedings.
A breach of promise to marry does not constitute a false promise under Section 376 IPC unless it is shown that the promise was made without intention to uphold it.
(1) Exercise of inherent jurisdiction – High Court does not have to go in detail by way of minute examination about correctness or otherwise of facts alleged – Court has to examine the same by taking....
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