The petitioner sought quashing of proceedings under Sections 376 and 506 IPC alleging rape, following an amicable settlement and subsequent marriage between the parties. The Court allowed the petition and quashed the charge-sheet and all proceedings.
Charge-sheet, summoning order, and entire criminal proceedings were quashed.
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HIGH COURT OF UTTARAKHAND AT NAINITAL
Criminal Misc. Application No. 1464 of 2021
Chirag Bisht …........ Petitioner
Vs.
State of Uttarakhand and another …..... Respondents
Present : Mr. B.M. Pingal, Advocate for the petitioner. Mr. Lalit Miglani, A.G.A. for the State/respondent no.1. Mr. M.S. Bisht, Advocate for the private respondent no.2.
JUDGMENT
Hon’ble Ravindra Maithani, J. (Oral)
In the instant petition, the petitioner seeks quashing of the charge-sheet dated 31.08.2017, summoning/cognizance order dated 15.09.2021, under Sections 376 and 506 IPC in Criminal Case No.908 of 2021, State vs. Chirag Bisht, pending in the court of District and Sessions Judge, Uttarkashi (for short, “the case”), as well as the entire proceedings of the case on the basis of amicable settlement between the parties.
2
under Sections 376, 506 IPC at Police Station Kotwali Uttarkashi, District Uttarkashi. According to the FIR, the informant and the petitioner befriended each other. Petitioner is in army. He use to speak to her over telephone. In the month of March, 2021, the petitioner proposed the informant and persuaded her to establish physical relations. They established physical relations, but thereafter, he declined to marry. It is this FIR, in which, after investigation, charge-sheet has been submitted and cognizance taken, which is now impugned in this petition.
3
respective counsel. Both have stated before the Court that they have performed their marriage on 02.06.2021 in Vishwanath Temple, Uttarkashi and soon thereafter, they got their marriage registered.
4
accordingly.
(Ravindra Maithani, J.) 02.12.2021
Sanjay
1 issue framed by the court
Whether criminal proceedings under Section 376 IPC can be quashed based on an amicable settlement and subsequent marriage between the accused and the complainant.
Chirag Bisht
State of Uttarakhand
Respondent No. 2
Ravindra Maithani
As recorded by the court registry
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