Mohd Julfukar vs State of Uttarakhand 2024 INSC 38 – Rape Case Quashed

Summary : Petition seeking Quashing of FIR under Sections 376 and 506 IPC Against appellant dismissed by High Court – In appeal, the Supreme Court noted the complainant’s statement that she was forced to marry the appellant. As such, the relationship between the appellant and the complainant was after the said marriage – even if the statement made by the complainant is taken on its face value, the ingredients to constitute the offence under Section 376 IPC are not made out – 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 – 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- FIR quashed.

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