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Marriage with Victim won’t absolved rape charges against Accused rules Delhi HC

by Maitreya SahaAugust 5, 2017

The Delhi HC in a recent case relied on a Supreme Court judgement, in the case of Gian Singh v. The State of Punjab and refused to quash rape charges against an accused who had at a later stage married the complainant.

The Hon’ble court was hearing a petition filed under Section 482 of Cr.P.C for quashing a FIR under Sections 376(2) (rape by public servant), 323 (voluntarily causing hurt) and 506 (criminal intimidation) of the Indian Penal Code, by one Mr. Vikash Kumar, contrary to other observations, Mr. Kumar had submitted that the physical relationship between him and the appellant was totally consensual since inception more so he also contended that they had tied the knot in May this year. Submitting that the FIR was frivolous, and was the unfortunate outcome of a misunderstanding, he demanded it to be quashed.

Justice Pratibha Rani of the High Court at Delhi observed, in present matter, “In view of settled legal position enumerated in Gian Singh’s case, the criminal proceedings emanating from an FIR registered with allegations of rape, which is an offence against society, despite the alleged marriage of the petitioner with the complainant/respondent No.2, cannot be quashed in exercise of powers vested in this Court under Section 482 Cr.P.C.”

The question faced by the Court: “whether the mere fact that the parties have allegedly got married should be a reason good enough to quash the FIR registered under Sections 376(2) (N)/323/506 IPC and consequential proceedings emanating there from.”

On an appreciation of several precedents, Justice Rani answered this question in the negative and the petition was effectively dismissed.



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