Marriage Between Survivor, Accused No Reason To Close Rape Case: Delhi High Court

The survivor, who was a minor when she was supposedly assaulted, let the court know that she had resolved her questions with the candidate and wedded him willingly.


New Delhi: The Delhi High Court has would not close criminal procedures against a man blamed for assaulting a minor, saying the ensuing marriage between the two was not an obvious explanation for subduing the FIR and the charges against him were “significant in nature”.

Equity Sudhir Kumar Jain alluded to a High Court administering which said the offense of assault can’t be compounded and suppressed based on a settlement between the gatherings.


“The respondent no.2 (survivor) in the FIR has asserted that the candidate had sex with her on different occasions when she was only 16 years of age. The respondent no. 2 likewise got pregnant because of this explanation,” the court noted.


“The charges as evened out by the respondent no. 2 are serious in nature. The simple reality that the respondent no. 2 got hitched with the solicitor in this way doesn’t involve suppress of FIR. The current FIR relates to offenses culpable under segment 376 IPC and segment 6 of the POCSO Act which are serious in nature,” it said in a new request.


The survivor let the high court know that she had resolved her debates with the candidate and wedded him willingly.


The State went against the request by the blamed looking for subduing for the FIR and said the offenses are non-compoundable and serious. Compoundable offenses are those where opponent sides can arrive at a split the difference.


Considering the top court’s choice that such wrongdoings are against society and can’t be suppressed on arriving at a split the difference, the court excused the denounced’s request.


“In the wake of thinking about all realities and gravity of charges, the current request can’t be permitted and FIR bearing no.0360/2020 enlisted under segment 376 IPC and area 6 POCSO Act at P.S. Baba Haridas Nagar alongside important procedures including legal actions …can’t be suppressed,” the court closed. ‘


“The current request alongside forthcoming application, stands excused,” the court requested.

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