Jaipur:<\/strong> The Rajasthan High Court has quashed a rape and POCSO case after the accused and the victim settled their dispute and subsequently married each other, observing that in the peculiar facts of the case, continuing the criminal proceedings would serve no useful purpose.<\/p>\n\n\n\n Justice Anil Kumar Upman, allowed the petition and quashed the FIR filed under Section 376 of the IPC and the relevant provision of the POCSO Act.<\/p>\n\n\n\n Justice Upman held that the substratum of the dispute no longer exists. The dispute in fact was personal in nature and not a dispute that affected the society at large.<\/p>\n\n\n\n Court after considering the facts of compromise observed that continuing the Trial would not be an exercise in futility but would also burden the judicial system unnecessarily.<\/p>\n\n\n\n The Court noted that the parties had entered into an amicable settlement and had married. The victim also informed the Court that she had no objection to quashing the FIR.<\/p>\n\n\n\n The Court reiterated that serious offences such as rape generally cannot be treated as private disputes merely because the parties have entered into a compromise.<\/p>\n\n\n\n However, it observed that the principle is not absolute and the High Court can exercise its inherent powers to quash proceedings in appropriate cases where the dispute is essentially personal in nature and the possibility of conviction is remote.<\/p>\n\n\n\n Facts of the case suggests that the parties had resolved their differences and entered into marriage, indicating a substantial change in circumstances.<\/p>\n\n\n\n Court further observed that the victim was unlikely to support the prosecution during trial and that continuing the proceedings would unnecessarily burden the judicial system.<\/p>\n\n\n\n While quashing the FIR, the High Court relied on the Supreme Court\u2019s decision in K. Dhandapani v. State by Inspector of Police, where the apex court had observed that courts cannot ignore the ground reality and disturb the happy family life of the appellant and the prosecutrix.<\/p>\n\n\n\n Relying also on the principles laid down in Gian Singh v. State of Punjab and State of Haryana v. Bhajan Lal, the High Court concluded that the case was fit for exercise of its inherent jurisdiction.<\/p>\n\n\n\n Accordingly, the petition was allowed and FIR was quashed.<\/p>\n","protected":false},"excerpt":{"rendered":" Rape-POCSO FIR Quashed After Accused and Victim Marry; Rajasthan HC Says Trial Would Serve No Purpose. \u201cThe Court cannot shut it eyes to the ground reality and disturb the happy family life of the appellant and prosecutrix\u201d Jaipur: The Rajasthan High Court has quashed a rape and POCSO case after the accused and the victim … Read more<\/a><\/p>\n","protected":false},"author":2,"featured_media":9407,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_wppp_is_locked":false,"_wppp_selected_plans":[],"footnotes":""},"categories":[29,69],"tags":[3200,3208,3201,1128,1637,3209,3206,3205,3204,1344,48,1658,1759,2556,2559,659,43,150,1660,3197,3198,3203,3202],"class_list":["post-9743","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-top-stories","category-rajasthan-high-court","tag-amicable-settlement","tag-bhajan-lal","tag-compromise","tag-criminal-case","tag-criminal-proceedings","tag-gian-singh","tag-happy-family-life","tag-heinous-offences","tag-inherent-jurisdiction","tag-jaipur","tag-legal-news","tag-marriage","tag-pocso-act","tag-pocso-case","tag-prosecutrix","tag-rajasthan-hc","tag-rajasthan-high-court","tag-rajasthan-legal-news","tag-rape-case","tag-rape-fir","tag-section-three-hundred-seventy-six-ipc","tag-serious-offences","tag-victim"],"_links":{"self":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9743","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/comments?post=9743"}],"version-history":[{"count":1,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9743\/revisions"}],"predecessor-version":[{"id":9744,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9743\/revisions\/9744"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/media\/9407"}],"wp:attachment":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/media?parent=9743"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/categories?post=9743"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/tags?post=9743"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\u2018Heinous Offences Cannot Ordinarily Be Settled, But Exceptions Exist\u2019<\/h4>\n\n\n\n
Court Relies on Supreme Court\u2019s \u2018Happy Family Life\u2019 Observation<\/h4>\n\n\n\n