Case Note & Summary
The appeal arose from a judgment of the High Court of Rajasthan dismissing a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 45 of 2005 registered at Police Station Phulera, District Jaipur, under Sections 363 and 366 of the Indian Penal Code. The FIR was based on a complaint by Prahalad Dan alleging that his minor daughter was abducted by the appellant on 22.05.2005. Investigation commenced, but the whereabouts of the girl and the accused could not be traced, leading to a chargesheet against the appellant under the said sections and a request to initiate proceedings under Section 299 CrPC. A chargesheet was also submitted against the appellant's father, Banna Lal, under Sections 363, 366, and 120B IPC, but he was acquitted by the Additional District and Sessions Judge, Sambhar Lake, District Jaipur, on 03.09.2011, as the charges could not be proved. In 2020, the appellant and the abductee, Seema Parewa, filed a petition under Section 482 CrPC before the Rajasthan High Court, registered as S.B. Criminal Misc. Petition No. 591 of 2020, praying for quashing of the FIR and all proceedings. They stated that they were in a deep love affair, which was unacceptable to the father, and under compelling circumstances, they parted from their families in 2005 and later got married on 25.12.2006. The High Court dismissed the petition on 09.12.2020. The Supreme Court granted leave and considered the appeal. The core legal issue was whether the FIR should be quashed under Section 482 CrPC given the subsequent marriage and the acquittal of the co-accused. The appellants argued that continuing proceedings would be an abuse of process as the relationship had culminated in marriage and the co-accused had been acquitted. The Court analyzed the principles for quashing under Section 482 CrPC, noting that when allegations, even if taken at face value, do not constitute an offence, proceedings can be quashed to prevent abuse of process. The Court reasoned that the marriage between the accused and the victim, along with the acquittal of the father, indicated that the allegations lacked substance and continuing the case would serve no purpose. Accordingly, the Supreme Court allowed the appeal, set aside the High Court's order, and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 Code of Criminal Procedure, 1973 - The Supreme Court considered a petition under Section 482 CrPC for quashing FIR No. 45 of 2005 registered under Sections 363 and 366 IPC, where the accused and victim later married and the co-accused was acquitted - The Court held that continuing proceedings would be an abuse of process as the allegations, even if taken at face value, did not constitute an offence after the marriage and acquittal, and quashed the FIR (Paras 2-5).
Issue of Consideration
Whether the FIR registered under Sections 363 and 366 IPC should be quashed under Section 482 CrPC in light of the subsequent marriage between the accused and the victim and the acquittal of the co-accused
Final Decision
Supreme Court allowed the appeal, set aside the High Court's order, and quashed FIR No. 45 of 2005 and all consequential proceedings
Law Points
- Quashing of FIR under Section 482 CrPC
- principles for quashing when allegations do not constitute offence
- impact of acquittal of co-accused
- marriage between accused and victim as mitigating factor
