Brief Facts
- This appeal challenged the High Court’s rejection of the appellant’s application for quashing of the proceedings under Sections 376 and 506 IPC. The relationship of the appellant with the complainant was against the wishes of the parents but they decided to reside together which was followed by marriage.
- The complainant filed an affidavit stating their marriage was consensual, but they had mutually divorced in September 2022. She no longer wished to pursue the case.
Issues
- Whether the criminal proceedings under Sections 376 and 506 IPC should be quashed given the complainant’s affidavit stating that she no longer wishes to pursue the case?
Held
- The Apex Court allowed the appeal and quashed the proceedings in light of compromise between the parties. The Court took into consideration the affidavit filed by the Complainant stating that she married the Appellant out of her free will and now they entered in divorce.
- It is thus clear that now even the complainant herself does not want to proceed further with the proceedings. She has stated in her affidavit filed before this Court that they have mutually obtained a divorce and it was finalized by Talaq-E-Khula on 7th September 2022.
- We find that the continuation of proceedings in these circumstances would be prejudicial even to the interest of the complainant and she would be forced to continue with the case, which she does not want.
Relevant Paras
- 8.6, 9 and 10