FIR registered under S. 376 of IPC quashed as the parties had entered into matrimonial alliance

Punjab and Haryana High Court: In the instant case where it was prayed that the FIR No. 168 dated 25.09.2014, registered under Section 376 of IPC should be quashed on the ground that the petitioner Dheeraj Kumar and the Respondent No. 2 (name not mentioned) are presently married, the bench of R.M. Singh, J., quashed the FIR in question, observing that, since the allegations of rape had emerged during the subsistence of a love affair between the two, and now that they have entered into a matrimonial alliance, the continuance of trial would only result in vacuum and will have an adverse effect on the nuptial ties of the petitioner and the respondent. Therefore continuance of the criminal proceedings before the Trial Court would amount to abuse of the process of Court.

In the present case represented by Kuldeep Singh and Varun Sharma on behalf of the petitioner and the respondents respectively, it was put forth that the petitioner and respondent are leading a happy married life. The allegations forming subject matter of FIR were leveled by respondent due to a minor misunderstanding and interference and pressure of her family members, which was taken care of in time, thereby leading to solemnization of their marriage.

Even though the Court quashed the FIR on the abovementioned ground, but it added that, had it been a case of Section 376 of IPC, not arising out of a matrimonial tie, the Court would have been unwilling to interfere and rely upon any compromise on the issue. With this observation the FIR along with entire subsequent proceedings in pursuance were quashed by the Court. Dheeraj Kumar v. State of Punjab2015 SCC OnLine P&H 1124 decided on 06.04.2015

2 comments

  • Allahabad High Court, through Hon'ble Mr. Justice Anurag Kumar, too had quashed a charge sheet on the same basis in 2012 (Order dated 21.12.2012 in A482 – 5736 of 2012: Shivam Ganguly & Anr. v. State).

  • Better marry than to be involved in Rape case.
    Every one should learn lesson from this judgment.
    Husband, wife and parents all
    Best wishes for happy married life

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