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Hemant Taylor (ADVOCATE)     01 June 2014

Quashing of fir u/s 376 where prosecutrix and accuse married

Whether high court has inherent power u/s 482 to quash FIR registered under S. 376. where the prosecutrix and accused got married and the prosecutrix does not want to continue the case.  I know that rape is not compoundable even if the victim or family members of the victim family made s settlement with the accused (Gian Singh's case) , and also sentence cannot be reduced if compromised arrived.( Shimbhu's & Anr. Case). Here it is not a compromise or settlement but much much more that that. Marriage cannot be equated with compromise. It is a sacred thing. Both of them are married and the prosecutrix (above 18 yease of age) does not wish to continue the case. Please provide me any case of apex court where apex court quashed criminal proceeding and FIR U/S 376 IPC, on account of marriage between the prosecutrix and accused person. 


 2 Replies

priyan Sharma (Officer)     01 June 2014

yes. High Court can quash the FIR on the basis of above mentioned circumstances under section 482 of Cr.P.C.

Rajeshchole   02 January 2016

Please provide case laws Sharma ji

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