Marriage After Settlement: Court Quashes FIR to Protect Victim's Future.
11 February 2025
FIR >> Criminal Law | Rape >> Criminal Law
The case of Akash @ Chhoter v/s State Of Gujarat & Another., involves a petition to quash an FIR (C.R.No.11191024230882 of 2023) lodged against the applicant for offences under the IPC and POCSO Act. The victim and applicant have amicably settled the dispute, and they have since married. Both parties requested the quashing of the FIR, with the victim advocating for it to preserve her marital life.
The Court acknowledged that, while serious offences like those under Section 376 of the IPC and the POCSO Act generally cannot be quashed due to a settlement, this case is an exception due to the marriage between the applicant and the victim. The Court referred to previous rulings and the welfare of the victim, indicating that a settlement followed by marriage could justify quashing the FIR.
The Supreme Court's decision in a similar case was also cited, where the marriage between the parties led to the quashing of the FIR. In light of the resolution of the dispute and the impact on the victim's family life, the Court decided to quash the FIR, emphasizing that continuing the trial would be an abuse of the legal process.
The petition was allowed, and the FIR and all related proceedings were quashed.
Section 376., Indian Penal Code - 1860