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What is Section 377 of Indian Penal Code 

  • The Indian Penal Code (IPC) Section 377 was enacted in 1861, at the apex of British rule over India.
  • It’s titled as 'unnatural offences' and says whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life. 

What is FIR quashing? Is it applicable for 377 of IPC

  • FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused. An FIR an be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous.
  • The said law for quashing of FIR under  section 377 of the IPC is that it can’t be quashed since it is an unnatural offence that is common in our culture and is neither bailable or compoundable. You will go through a trial. You may be found not guilty if the witness becomes hostile.
  • The Rifakat Ali &Ors v. State &Anr. decision, however, establishes a precedent that a FIR under Section 377 of the IPC may be quashed out if the parties agree to resolve a marriage dispute.

The Recent judgement for Section 377 of IPC under the case of Aneesh Gupta &Ors v. State of NCT of Delhi &Anr. 

Facts of the case 

  • A settlement between the parties was reached in September of last year, and the husband had petitioned the High Court to have the FIR quashed on the grounds that the wife had resolved all of her disagreements with him and her in-laws peacefully.
  • According to the terms of the settlement, the husband will give the wife a lump sum payment of Rs. 74,00,000 as full and final settlement of all claims, Stridhan, child maintenance, and permanent alimony, and the wife will invest Rs. 10 lakhs of the aforementioned sum in the name of their minor child for the benefit of that child until he reaches the age of majority.

Judgement 

  • The Delhi High Court stated that, in marriage instances when a settlement has been reached, an offence under section 377 of the Indian Penal Code may be resolved, and the FIR may be quashed since the parties must move on with their lives. 
  • Therefore, Justice Talwant Singh agreed with the judgement of a coordinate bench in Rifakat Ali &Ors v. State &Anr., decided on February 26, 2021, wherein the Court had dismissed a FIR under Section 377 of the IPC on the grounds that the parties had only resolved the issue with one another because it was a matrimonial dispute.
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