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Delhi High Court quashes rape FIR after accused marries survivor

A single-judge bench of Justice Suresh Kumar Kait while pronouncing the judgment noted, "This Court is inclined to quash the present FIR as no useful purpose would be served in prosecuting accused any further."

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The Delhi High Court has quashed an FIR filed under Section 376 of the Indian Penal Code after petitioner and the prosecutrix entered into wedlock.

A single-judge bench of Justice Suresh Kumar Kait while pronouncing the judgment noted, “This Court is inclined to quash the present FIR as no useful purpose would be served in prosecuting accused any further.”

The petition has been filed by the accused seeking direction for the quashing of FIR filed under Section 376 (Rape) of IPC and 6 (aggravated penetrative sexual assault) of POCSO Act on the ground that an “understanding” reached between the petitioner and the complainant. The two parties had resolved their “misunderstanding” and later got married on 21.03.2020.

The Counsel appearing for the petitioner submitted that “to enable the parties to lead a happy married life, this petition deserves to be allowed.”

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The bench while referring to a judgment of the Supreme Court noted,

“The FIR should not be quashed in case of rape as it is a heinous offence, but when complainant/prosecutrix herself takes the initiative and states that she made the complaint due to some misunderstanding and now wants to give quietus to the misunderstanding, which arose between her and the petitioner, in my considered opinion, in such cases, there will be no purpose in continuing with the trial. Ultimately, if such direction is issued, the result will be of acquittal in favour of the accused, but substantial public time shall be wasted.”

The bench while disposing of the petition quashed the FIR and all other proceedings arising therefrom.

Judgement-DHC-Vinod-v-state-s376-09.02.2020-1

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