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“There was no promise of marriage to coerce consent from the complainant for sexual intercourse.”
In cases involving Section 376 IPC or the POCSO Act, Courts must exercise caution while quashing FIRs, as these offences impact societal interests. However, Delhi High Court acknowledged the unique circumstances where the petitioner and the prosecutrix, now married with children, had reached a settlement, balancing societal concerns with the realities of the parties’ lives.
The Rajasthan High Court had dismissed the petitioners’ second bail application on 12-07-2023.
The Supreme Court directed masking of the complainant’s identity in the Court records and future proceedings and her to be referred as ‘Miss X’.
Supreme Court concluded that both the Courts below “completely misread the material available on record”.
The Complainant had filed a second FIR against the accused just after the parties had arrived at a settlement before the Court and the first FIR against the accused was quashed.
Supreme Court also considered the fact that the inter-faith couple had jointly approached the High Court seeking police protection.
Allahabad high Court directed the Senior Registrar to communicate this order to the Jail Authorities concerned, for immediate release of the convict.