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Quashes Rape and POCSO FIR Against Man After Marriage with Victim
A Marriage That Mended a Rift
In a significant ruling, the has quashed an FIR for rape and offences under the after the accused and the victim married each other. The bench of Justice Anil Kumar Upman observed that continuing criminal proceedings would be a given the between the parties.
The Dispute That Led to an FIR
The case originated from FIR No. 70/2026 registered at , against Rahul Singh for alleged offences under and . The accused-petitioner approached the High Court under seeking quashing of the FIR.
From to Marriage
Counsel for the petitioner argued that the relationship between Rahul Singh and the victim was initially consensual. However, their relationship deteriorated over time, leading to the filing of the FIR. Subsequently, the parties resolved their differences and entered into marriage on , and were living happily as husband and wife. An dated , was placed on record.
Arguments and Opposition
Learned counsel for the petitioner submitted that in light of the compromise and marriage, further proceedings would be a waste of judicial time. The complainant/victim’s counsel did not dispute the compromise and had no objection to the quashing. The Public Prosecutor, however, opposed the petition.
Court’s Legal Analysis
The Court acknowledged the settled principle that heinous offences like rape cannot be treated as mere personal disputes and are . However, it clarified that this principle is not absolute. The High Court, in exercise of its under (now Section 528 ), can quash proceedings in suitable cases where the matter is largely and the offence, though serious, does not have a significant .
The Court noted: “If the Court is of the opinion that the continuation of the proceedings is nothing but a mere formality and that the possibility of conviction is remote and bleak because of the compromise between the parties, and that no useful purpose is served in keeping the proceedings pending…it may exercise its discretion to quash.”
Key Observations from the Bench
The judgment highlighted that the no longer existed after the marriage. The Court stated: “The very contents of the FIR itself reveal that at one point in time, the relationship between the two parties was cordial, which is a further indication that the dispute was and not a dispute that affected the society in general.”
It further observed: “Considering the factum of compromise…it is highly unlikely that the victim would support the case during trial. As such, the prospects for a successful prosecution are bleak and remote.”
Reliance on Precedents
The Court relied on the ’s decision in
Gian Singh vs. State of Punjab & Anr.
() and
State of Haryana vs. Choudhary Bhajan Lal
(), which empower the High Court to quash proceedings to prevent . Additionally, the bench cited
K. Dhandapani vs. The State by the Inspector of Police
(), where the Apex Court set aside a conviction in similar facts, observing that the Court cannot “shut its eyes to the and disturb the of the appellant and the prosecutrix.”
Final Decision
Allowing the criminal miscellaneous petition, Justice Upman quashed the FIR No. 70/2026 and all consequential proceedings. The Court emphasized that no purpose would be served by continuing the trial, which would unnecessarily burden the judicial system. The and pending applications were also disposed of.
