Judicial Review Not Negated In Election Matters Where Level Playing Field Is Impaired By Violence: Supreme Court FIR Registration | Prospective Accused Has Locus Standi To Appeal Against Single Judge's Direction: Supreme Court Executing Deed Claiming Disputed Property Not 'False Document' Without Impersonation; Civil Disputes Can't Be Criminalised: Allahabad High Court Section 24 CPC | Partition Suit Can Be Transferred To High Court To Avoid Inconsistent Findings With Pending Testamentary Proceedings: Bombay High Court Upgraded Junior High Schools Lose Separate Legal Identity; Recruitment Under 1978 Rules Not Maintainable For Resulting Vacancies: Allahabad High Court Section 370 IPC | Consent Of Victim Is Irrelevant For Proving Trafficking; High Court Sustains Conviction Despite Acquittal Under Section 370A(2) Section 307 IPC | Absence Of Bodily Injury Does Not Exclude Offence If Intention Or Knowledge Is Established From Surrounding Circumstances: Delhi High Court Income Tax Reopening | Assessing Officer Cannot Initiate Reassessment Based On Third-Party Allegations Without Establishing Direct Nexus With Assessee: Gujarat High Court Section 294 CrPC | Non-Examination Of Autopsy Doctor Not Fatal To Prosecution When Post-Mortem Report's Genuineness Is Undisputed: Karnataka High Court Section 25 Arms Act | Mere Custody Without Awareness Not An Offence, 'Conscious Possession' Essential: Delhi High Court Quashes FIR Over Single Live Cartridge Section 20 Prevention Of Corruption Act | Statutory Presumption Cannot Be Triggered Without Proof Of Demand; Mere Recovery Insufficient: Himachal Pradesh High Court Article 227 Constitution of India | High Court Cannot Sit In Appeal Over Findings Of Tribunal Under Supervisory Jurisdiction: Kerala High Court Mere Registration Of Will Does Not Dispense With Requirement To Prove Execution Under Section 68 Evidence Act: Madras High Court Insurance Policy Exclusion | Onus To Prove Suicide Can Be Discharged By Circumstantial Evidence And Unexplained Discrepancies In Medical Records: NCDRC Registration Act | Contested Decree Declaring Pre-Existing Rights By Adverse Possession Does Not Require Compulsory Registration Or Stamp Duty: Madhya Pradesh High Court Section 100 Patents Act | Government Empowered To Authorise Manufacture Of Patented Life-Saving Drugs For Non-Commercial Distribution To Patients: Kerala High Court Madras High Court Slaps ₹1 Lakh Cost On Centre Over Botched Prisoner Repatriation Contempt Of Court | Bona Fide Efforts To Verify Credentials Preclude Finding Of 'Wilful Disobedience': Telangana High Court Financial Commissioner Cannot Remand Appointment Of Lambardar Without Finding Perversity In Collector’s Order: Punjab & Haryana High Court Article 226 | High Court Cannot Act As Second Appellate Authority Over Transfer Orders; Judicial Review Permissible Only On Four Limited Grounds: Rajasthan High Court Drugs and Cosmetics Act | Prosecution Must Prove Possession And Lack Of Licence Through Independent Evidence; Failure Of Panch Witnesses Is Fatal: Telangana High Court Section 392 IPC | Appellate Courts Can Reduce Sentence To Period Already Undergone Considering Protracted Litigation And Lack Of Criminal Antecedents: Punjab & Haryana High Court

High Court of Delhi Refused To Quash FIR In Rape Case On the Basis of Marriage with Victim And Compromise

07 May 2024 2:49 AM

By: Admin


On 05 July 2023, the High Court of Delhi has dismissed a petition seeking the quashing of an FIR in a criminal case. The judgment, delivered by Hon'ble Ms. Justice Swarana Kanta Sharma, emphasizes the importance of allowing the trial proceedings to continue and highlights the need to determine the validity of the marriage and the applicability of the Protection of Children from Sexual Offences Act (POCSO Act) during the trial.

The petitioner, Mohd. Amaan Malik, had filed the petition under Section 482 of the Code of Criminal Procedure, 1973, seeking the quashing of FIR No. 162/2021 registered at a Delhi Police Station. The FIR charged the petitioner with offenses under various sections of the Indian Penal Code (IPC) and the POCSO Act.

In the judgment, the court stated, "Since the petitioner has approached this Court seeking quashing of the FIR registered against him, it is pertinent to refer to the principles that govern quashing of FIRs." The court highlighted that the power to quash an FIR should be exercised to prevent abuse of the court's process or to secure the ends of justice, as per the principles laid down by the Supreme Court.

The court further observed that, at the present stage, there were no sufficient grounds to quash the FIR. It took note of the fact that the case was pending before the trial court and that the victim had supported the prosecution's case in her statement recorded under Section 164 of the Code of Criminal Procedure. The court also acknowledged the allegation of forcible physical relations made by the victim, which was mentioned in her statement and the FIR.

Regarding the validity of the marriage and the applicability of the POCSO Act, the court held that these issues could be appropriately addressed during the trial proceedings. It rejected the petitioner's argument that the marriage was valid under Muslim personal laws, stating that the age of the victim and the validity of the marriage would be considered during the trial.

The court concluded by dismissing the plea for quashing the FIR and emphasized the importance of allowing the trial to proceed. The judgment serves as a reminder that the veracity of the allegations and the application of relevant laws should be determined through a thorough examination of evidence during the trial.

Date of Decision: 5th July 2023                                      

MOHD. AMAAN MALIK   vs THE STATE GOVT NCT OF DELHI & ANR.   

Latest Legal News