Cannot quash rape charges just because the accused married the complainant

Vikash Kumar @ Sonu vs The State & Anr

Delhi HC

01/08/2017

Cri. M.C. No. 2763/2017

About/from the judgment:

The Court relied on the Supreme Court decision in the case of Gian Singh v. State of Punjab, (2012) 10 SCC 303, and refused to quash rape charges against an accused who had gone on to marry the complainant.

 

“In view of settled legal position enumerated in Gian Singh’s case, (Supra), 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.,” Justice Pratibha Rani observed.

 

The Court was hearing a Petition filed under Section 482 of Cr.P.C. by one Mr. Vikash Kumar for quashing an FIR under Sections 376(2) (rape by public servant), 323 (voluntarily causing hurt) and 506 (criminal intimidation) of the Indian Penal Code.

 

Mr. Kumar had now submitted that the physical relationship between him and the complainant had been consensual since the beginning, and that they had tied the knot in May this year. Contending that the FIR was frivolous, and was a result of a misunderstanding, he demanded that the same be quashed.

 

The question now framed by the Court was: “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 therefrom.”

 

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

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

© 2018 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.