FIR of Rape That Arose from Marital Discord is Dismissed by Allahabad High Court

The Allahabad High Court recently quashed an FIR registered under; I.P.C. Sections 376, 354, 323, 504, and 506 and Section 3/4 of the Dowry Prohibition Act, taking into account the parties’ agreement.

Justice Dr. Kaushal JayendraThaker and Justice Gautam Chowdhary, sitting on a division bench, noted: The offense is motivated by discord, which is why the contested F.I.R.  filed, but it has been established that; the respondent no. 3/first informant chose to drop the charge, thus since; the offense is authorized as compounded under; Sections 323, 504, and 506 of the I.P.C. According to Sections 376 and 354 of the I.P.C., no crime has been committed because the victim hasn’t had a medical examination, and the F.I.R. should have been thrown out after the parties decided they didn’t want to dispute the case.

The defendants, in this case, requested a stay of execution from; the high court in order to have the first information report dated; April 21, 2022, which  filed in Case Crime No. 93 of 2022 under; Sections 376, 354, 323, 504, and 506 I.P.C. and Section 3/4 of the Dowry Prohibition Act, quashed. Both the petitioners’ attorney, Shri Sunil Kumar Upadhyay, and respondent number three’s attorney argued that; the couples’ marital differences peacefully resolved and that; respondent number three did not wish to pursue the issue further.

The State’s attorney provided the investigation documents, which demonstrated that the petitioners are not guilty of any violation of Sections 376 or 354 of the I.P.C.The Court cited the Gujarat High Court’s judgment, which said:

According to a recent decision by; the Gujarat High Court, criminal proceedings of a private nature may be terminated in accordance with  Section 482 of the Criminal Procedure Code even after a conviction has been reached if; the parties wish to settle a minor disagreement that does not violate public policy. The powers granted by Article 226 of the Constitution are far greater than those granted by; Section 482 of the Criminal Procedure Code, and this Court may thus nullify the F.I.R. by; using the aforementioned authorities.

The judgments of the Supreme Court in the cases of Bitan Sengupta v. State of West Bengal (2018) 18 SCC 366, Jitendra Raghuvanshi and others v. the State of Haryana (2013) 4 SCC 58, Rajendra Bhagat v. the State of Jharkhand @ Anr, 2022 Live Law (SC) 34, and B.S. Joshi v. the State of Haryana (2003) 4 SCC 675  utilized to ensure the benefit of the current Given the foregoing, the court granted the petition and quashed the first information report dated April 21, 2022, for the crime committed on October 1, 2021, or before six months, and registered in Case Crime No. 93 of 2022 under Sections 376, 354, 323, 504, and 506 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act at; Police Station Manager in the district of Moradabad.

Criminal Miscellaneous Writ Petition No. 7878 of 2022

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