DATE OF JUDGEMENT:
28TH July 2021
JUDGES:
Justice Ms Mukta Gupta
PARTIES:
Gaurav.................................................... (Petitioner)
State ( Govt.NCT of Delhi) &Anr............(Respondent)
SUBJECT
Subsequent Marriage between the man and the woman does not waive off the offence of rape, as Section 376 Indian Penal Code is a serious offence in nature.
ISSUES
- Whether the FIR in question can be quashed based on a compromise between the parties?
AN OVERVIEW
- The petitioner filed a plea seeking quashing of FIR under Section 482 of the Cr.PC registered under Sec.376 and 506 of Indian Penal Code,1860.
- The allegation against the petitioner was that despite her refusal and stating to him that she would engage in physical relations only after marriage, he committed a forcible sexual penetrative assault on her after taking her to a room at a hotel.
- The ground raised by the petitioner to quash the FIR was that they have since the incident, married and are living together.
IMPORTANT PROVISIONS
-
Section 376 IPC: Punishment for rape.
Whoever, except in the cases provided for in subsection (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
-
Section 506 IPC: Punishment for criminal intimidation
Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If the threat is to cause death or grievous hurt, etc.—And if the threat is to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
-
Section 482CrPC:Saving of inherent powers of High Court
Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
ANALYSIS OF THE JUDGEMENT
- A single-bench judge dismissed the petition filed by the petitioner stating that their marriage and living together could not be a ground for quashing of the FIR.
- The petitioner and respondent after the subsequent marriage cannot waive off the offence of rape under Section 376 of IPC, as it is a serious crime in nature.
- The FIR cannot be quashed based on a compromise between the parties.
CONCLUSION
After observing the case, the Court had found no ground to quash an FIR involving rape charges against the petitioner, based on a compromise between the parties. Therefore, the petition was dismissed.
Click here to download the original copy of the judgement
