Delhi HC refuses to quash FIR for rape of minor in spite of subsequent marriage

The Delhi High Court has refused to close criminal proceedings against a man accused of raping a minor, saying the subsequent marriage between the two was no reason for quashing the FIR and the charges against him were “serious in nature”.

Justice Sudhir Kumar Jain referred to a Supreme Court ruling which said the offence of rape cannot be compounded and quashed on the basis of a settlement between the parties.

“The respondent no.2 (victim) in the FIR has alleged that the petitioner had sexual intercourse with her multiple times when she was just 16 years old. The respondent no. 2 also got pregnant due to this reason,” the court noted.

“The allegations as levelled by the respondent no. 2 are serious in nature. The mere fact that the respondent no. 2 got married with the petitioner subsequently does not entail quashing of FIR. The present FIR pertains to offences punishable under section 376 IPC and section 6 of the POCSO Act which are serious in nature,” it said in a recent order.

The victim told the high court that she has settled her disputes with the petitioner and married him of her own free will.

The State opposed the petition by the accused seeking quashing of the FIR and said the offences are non-compoundable and serious. Compoundable offences are those where rival sides can reach a compromise.

In view of the top court’s decision that such crimes are against society and cannot be quashed on reaching a compromise, the court dismissed the accused’s plea.

“After considering all facts and gravity of allegations, the present petition cannot be allowed and FIR bearing no.0360/2020 registered under section 376 IPC and section 6 POCSO Act at P.S. Baba Haridas Nagar along with consequential proceedings including judicial proceedings …cannot be quashed,” the court concluded. ‘

“The present petition alongwith pending application, stands dismissed,” the court ordered.

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