Case Note & Summary
The case involved an appeal against an order of the High Court of Rajasthan which dismissed a petition for quashing an FIR related to a marriage dispute. The appellant, Manoj Singh, challenged the dismissal of his petition filed under Section 482 of the Criminal Procedure Code, 1973, which sought to quash FIR No. 553 of 2006. The prosecutrix, a 21-year-old girl, initially went with the appellant in January 2006, and they were married in Jaipur, followed by a honeymoon. However, in November 2006, she made a statement under Section 164 of the Criminal Procedure Code claiming that she had been drugged and forced into the marriage. The Supreme Court analyzed her statement and found it implausible, noting that her actions prior to the statement indicated a voluntary choice. The court concluded that the allegations were not credible and set aside the High Court's order, quashing the FIR. The appeal was thus allowed, and the court emphasized the importance of voluntary consent in marriage.
Headnote
A) Criminal Procedure - Quashing of FIR - Grounds for Quashing - Section 482 Criminal Procedure Code, 1973 - The court found the allegations of coercion in marriage made by the prosecutrix to be unbelievable given her voluntary actions prior to the statement. The appeal was allowed, and the FIR was quashed as the learned Single Judge's view was not sustainable (Paras 2-3).
Issue of Consideration
Whether the FIR should be quashed based on the prosecutrix's statement regarding coercion in marriage.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and quashed FIR No. 553 of 2006.
Law Points
- Quashing of FIR
- Section 482 Criminal Procedure Code
- 1973
- Statement under Section 164 Cr.P.C.
- Voluntary choice in marriage
