VIKASH KUMAR @ SONU Vs. STATE

JUDGEMENT

(1.) By filing this petition under Sec. 482 Crimial P.C. the petitioner Vikash Kumar @ Sonu has invoked the inherent jurisdiction of this Court with a prayer for quashing of FIR No.516/2016 under Sections 376(2)(N)/323/506 Penal Code registered at PS Timar Pur and the consequential proceedings emanating therefrom including the charge-sheet filed.

(2.) While praying for quashing of FIR and the criminal proceedings emanating therefrom, the petitioner has pleaded that the physical relationship between him and the complainant was consensual since beginning. They have also got married on 26th May, 2017 at Arya Samaj Mandir, 53, Choti Bazariya Railway Road, Ghaziabad, Uttar Pradesh and the marriage has also been registered. The grounds on which the prayer has been made for quashing of FIR and the criminal proceedings are as under:-

(3.) Ms. Meenakshi Arora, learned senior counsel for the petitioner has requested for quashing of the FIR and the criminal proceedings pending against the petitioner mainly on the ground that parties to the relationship were major and consenting, hence no offence under Sec. 376 PC is made out. Further if the case of respondent No.2/complainant was that her consent was obtained on the representation that the petitioner promised to marry her, that promise has been fulfilled now. The petitioner and the complainant are husband and wife which fact is established from the two photographs and marriage certificate placed on record. Learned senior counsel for the petitioner also submitted that the petitioner was always serious in this relationship but could not marry the complainant earlier because the parties belong to different castes and the inter-caste marriage was not approved by the parents of the petitioner. On behalf of the petitioner it has been further submitted that once the promise has been fulfilled by the petitioner by marrying the complainant, nothing survives for adjudication and the entire trial would be an exercise in futility.