Rajasthan High Court Quashes FIR in Rape Case After Accused and Victim Marry

Court emphasizes societal welfare and changed circumstances, quashing proceedings to protect married life

In a landmark decision, the Rajasthan High Court has quashed an FIR filed under Section 376 of the Indian Penal Code (IPC) and Sections 3/4 of the Protection of Children from Sexual Offences (POCSO) Act, following the marriage of the accused and the victim. The decision, delivered by Justice Anoop Kumar Dhand, underscores the judiciary's adaptability to evolving societal norms and the importance of balancing legal strictures with practical realities.

The case originated with an FIR registered against the petitioner, "F," at the Police Station Amer, Jaipur, for alleged rape and offences under the POCSO Act. However, subsequent developments saw the victim and the accused solemnize their marriage, which was officially registered in May 2025. Both parties expressed their desire to lead a harmonious married life, prompting the legal proceedings' reconsideration.

During the hearing, the victim, identified as "A," appeared in person and affirmed her marriage to the petitioner, expressing no wish to pursue the charges. The court took into account the marriage and the couple's desire to maintain a stable family life, ruling that continuing the proceedings would disrupt their lives and potentially harm the societal fabric.

Justice Dhand highlighted the judiciary's role in facilitating social change, noting that while rape is a grave crime, the law must adapt to societal demands. He cited precedents from the Supreme Court, which allowed for quashing proceedings in similar circumstances, prioritizing the victim's welfare and the preservation of familial harmony.

The judgment clarifies that this decision should not be seen as a general precedent for quashing rape charges but is based on the specific context of the case, where the victim has willingly entered into marriage with the accused. The court's order to release the petitioner from jail underscores a nuanced approach, emphasizing empathy and the broader societal interest.

This ruling sparks a dialogue on the intersection of legal proceedings and social realities, challenging traditional interpretations while aiming for justice that considers individual circumstances.

Bottom Line:

Quashing of FIR under Section 376 IPC and Section 3/4 of POCSO Act in light of subsequent marriage between the accused and victim - Court emphasized the importance of societal welfare and changed circumstances.

Statutory provision(s): Indian Penal Code, 1860, Section 376; Protection of Children from Sexual Offences Act, 2012, Sections 3/4.

"F" v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2808837