Allowed

Rakesh Kumar @ Lali v. State of Punjab and Anr.

Punjab & Haryana HC14 Sept 2015CRM-M/19826/2015

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana allowed a petition to quash proceedings under section 376 IPC. Considering the voluntary compromise, marriage of over three months, and satisfaction of both parties, the court applied Gian Singh to prevent undue hardship and quashed the FIR.

What did the court decide?

FIR No. 152 dated 13.12.2014 under sections 376 IPC and all consequences arising thereof are quashed.

Rakesh Kumar @ Lali Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2015)

¶1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶2

Criminal Misc. No. M-19826 of 2015 Date of decision : September 14, 2015

¶3

Rakesh Kumar @ Lali

¶4

....Petitioner

¶5

versus State of Punjab and another

¶6

....Respondents

¶7

Coram: Hon'ble Mr. Justice Fateh Deep Singh

¶8

Present : Mr. Rishu Mahajan, Advocate, for the petitioner Mr. J.S.Brar, AAG, Punjab Respondent no. 2-Sania in person

¶9

Fateh Deep Singh, J. (Oral)

¶10

Report dated 24.6.2015 of learned Judicial Magistrate Ist Class (Duty), Amritsar has been received after recording statements of accused Rakesh Kumar @ Lali as well as complainant Sania and the learned court has shown its satisfaction that the compromise is an outcome of voluntariness, free will and without any coercion or undue pressure and that the couple has now been married for more than three months and to the very question of this Court, the girl has shown her satisfaction over this marriage and the boy has assured this Court that he will carry on with this relationship as husband and shall not back out of it. Keeping in view that although the offence of section 376 IPC is of heinous nature but in the totality of the circumstances that the couple had resolved the same and has started living together and would be in the betterment of their future lives. In view of these exceptional circumstances and to prevent any undue hardship at this juncture and in view of the law laid down in Gian Singh vs

¶11

DALBIR SINGH TIWANA 2015.09.18 14:44 I attest to the accuracy and authenticity of this document. Punjab & Haryana High Court, Chandigarh

¶12

Criminal Misc. No. M-19826 of 2015

¶13

-2-

¶14

State of Punjab and another, 2012 (4) RCR (Criminal) 543 and Kulwinder Singh and others vs State of Punjab and another, 2007(3) RCR (Criminal) 1052 and in view of which the prayer made in the petition is allowed, proceedings by way of FIR No. 152 dated 13.12.2014 registered at Police Station Islamabad, Amritsar under sections 376 IPC and all consequences arising thereof are quashed qua the present petitioner.

¶15

The petition stands allowed in those terms.

¶16

September 14, 2015 'tiwana'

¶17

( Fateh Deep Singh ) Judge

¶18

DALBIR SINGH TIWANA 2015.09.18 14:44 I attest to the accuracy and authenticity of this document. Punjab & Haryana High Court, Chandigarh

Rakesh Kumar @ Lali v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Rakesh Kumar @ Lali v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Tarseem Goel Vs State of Haryana

Ladhu Singh and Another Vs State of Punjab

Sattu and Anr. Vs State of Haryana

Sarabjit Singh Vs State of Punjab & Ors.

Shilak Ram Vs State of Haryana and Anr.

Rajender Bhushan Sharma Vs State of Haryana and Anr.