‘In View Of Marriage Of Accused With Victim, Trial To Be Futile’:Gujarat HC Quashes FIR For Rape Of Minor [Read Judgment]

first_imgNews Updates’In View Of Marriage Of Accused With Victim, Trial To Be Futile’:Gujarat HC Quashes FIR For Rape Of Minor [Read Judgment] Mehal Jain10 Sep 2020 8:55 AMShare This – xThe Gujarat High Court last week quashed an F.I.R. pertaining to rape of a minor by an on duty police officer, taking into account “full and final settlement” between the complainant and the accused by the latter entering into marriage with the victim. The F.I.R. was lodged for the offences punishable under Sections 363 [kidnapping], 366 [kidnapping woman for compelling marriage]…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Gujarat High Court last week quashed an F.I.R. pertaining to rape of a minor by an on duty police officer, taking into account “full and final settlement” between the complainant and the accused by the latter entering into marriage with the victim. The F.I.R. was lodged for the offences punishable under Sections 363 [kidnapping], 366 [kidnapping woman for compelling marriage] and 376(2)(n)[repeated rape on same woman] of the Indian Penal Code and under Sections 4, 5(1) [sexual assault on child by on duty police officer] and 6(1) of POCSO Act, 2012. Justice Ashokkumar C. Joshi noted that the Supreme Court in Narender Singh & Others vs. State of Punjab and Another (2014) 6 SCC 466 has observed that heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim’s family and the offender have settled the dispute. The Court also referred to the landmark decisions of Supreme Court in case of Parbatbhai Aahir vs. State of Gujarat 2017 SCC online SC 1189 and in case of State of Madhya Pradesh vs. Laxmi Narayan and Others (2019) 5 SCC 688, which reiterate the same principle. However, the Judge declared that “Therefore, with respect, latest law is not applicable to the present case.”The Judge opined that normally, the Court would not entertain the quashing petition in serious offences like offences under Sections 376 and 302 of the IPC. However, the Court then stated that in the present case, when the settlement is arrived at between the applicant-accused and the complainant, and the applicant-accused and victim both have married with each other, therefore, the Court is inclined to entertain the petition. “Further, there is amicable settlement arrived at between the complainant and the accused person by way of an affidavit and also the applicant and the victim have been entered into marriage life, it would be futile exercise if the trial shall take place and the purpose of the judicial process would not be served and therefore in humble view of this Court, it would be just and proper to quash the aforesaid FIR.”Justice Joshi expressed his view. In passing the order for quashing the FIR, the bench took note of the complainant’s affidavit averring that “in the present case, the impugned FIR was lodged in hot haste”, but “with intervention of relatives and common friends full and final amicable settlement has taken place between the complainant and the accused and victim girl and accused got married dated 07.07.2020″Click Here To Download Judgment[Read Judgment] Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Youth Olympics 2018: Manu Bhaker wins second medal, Hockey India enjoys successful outing

first_imgMumtaz Khan, Reet, Lalremsiami, and Ishika Chaudhary were on the scoresheet for India against South Africa as the team ended the pool stages on a winning note after Wednesday’s defeat to hosts Argentina. Written By Digital Desk (PTI inputs) WATCH US LIVE Last Updated: 12th October, 2018 22:49 IST Youth Olympics 2018: Manu Bhaker Wins Second Medal, Hockey India Enjoys Successful Outing Manu Bhaker became the second Indian after judoka Tababi Devi to win two medals at the continental event while the men’s and women’s hockey team moved to the semi-finals and quarterfinals respectively. According to the format, the gold medal winner of the individual event is paired with the athlete who finished 20th in the final. India thus wrapped up their shooting campaign with two gold and three silver medals. Of the eight medals won by the Indian contingent so far, five are from shooting.  On the badminton courts, title favorite, Lakshya Sen recovered from a game deficit to beat Kodai Naraoka 14-21 21-15 24-22. The Indian shutter is now assured of a medal after securing passage into the final. On the hockey turf, the Indian men’s hockey team defeated Poland 4-2  to progress into the quarterfinals of the Hockey 5s competition at the Parque Polideportivo Roca. Shivam Anand grabbed a brace while Maninder Singh and Sanjay were among the other goal scorers for India. COMMENT However, this time out Manu Bhaker had to settle for silver after she was made to pair-up with Tajikistan’s Behzan Fayzullaev in the 10m air pistol mixed international event, In a unique format. The duo lost the gold medal match 3-10 to Germany’s Vanessa Seeger and Bulgaria’s Kiril Kirov. The India-Tajik pair had on Thursday come through qualification with a score of 751. They then beat an Egyptian-Thai pair 10-4 in the round of 16 at the Parque Polideportivo Roca shooting range in the Argentine capital. They beat a pair from Lithuania and Moldova 10-8 in the quarterfinals and then overcame Andria Ibarra of Mexico and Dymtro Honta of Ukraine 10-3 in the semifinals. The German-Bulgarian pair, however, started strong in the finals and was 3-0 ahead at one stage before winning 10-3 to emerge champions.center_img 1 year ago India wins election to UN Human Rights Council FOLLOW US WE RECOMMEND LIVE TV The Indian women’s hockey team also enjoyed good day after they beat South Africa 5-2 in their final Pool A match to advance to the quarterfinals of the Youth Olympic Games. The Indians finished in the second spot in their pool with 12 points, behind leaders Argentina. First Published: 12th October, 2018 22:19 IST In another successful outing at the 2018 Youth Olympics in Argentina, Manu Bhaker became the second Indian after judoka Tababi Devi to win two medals at the continental event, while the men’s and women’s hockey team moved to the semi-finals and quarterfinals respectively.Manu Bhaker and Saurabh Chaudhary had won gold in the men’s and women’s 10m air pistol events, while Shahu Mane and Mehuli Ghosh had won silver in the men’s and women’s 10m air rifle events, earlier in the Games. 1 year ago Case slapped against pitch-invader who clicked a selfie with Virat Kohli SUBSCRIBE TO US 1 year ago EXCLUSIVE | ‘Arjun Kapoor Is A Shopoholic And Scared Of Ceiling Fans’, Reveals Parineeti Chopralast_img read more