Supreme Court Quashes Rape Case in a “Forced” Marriage: Examining Consent and Coercion

This appeal challenges the order dated 11 October 2022, passed by the High Court of Uttarakhand in C-482 No.666 of 2020, vide which the application filed by the present appellant for quashing of the proceedings under Sections 376 and 506 of the Indian Penal Code, 1860 (for short, “IPC”) came to be rejected. Aisha is set free to go with her husband, as this is her wish as stated before this Court in person by her.” 4 It appears that thereafter the appellant and the complainant resided together for a considerable time. When the matter was heard by the learned Single Judge of the High Court, the learned Judge, as can be seen from the impugned order, had also interacted with the complainant. was filed by the Resp.no.2 against the petitioner in the Court and FIR No.474/2019, dt.13.10.2019 was registered at P.S.-Bhagwanpur, District-Haridwar, Uttarakhand and the same is pending as Criminal Case No.542 of 2020 “State Vs Jul Karifukar” pending before the Court of Civil Judge (JD)/Judicial Magistrate, Roorkee, District-Haridwar. no.2 further reiterates that the dispute between the parties has been resolved and settled amicably after mediation between the parties and she wants to move on in her life and does not want to proceed further against the petitioner in the above mentioned Criminal Case No.542 of 2020 “State Vs Kari Julfukar” pending before the Court of Civil Judge (JD)/Judicial Magistrate, Roorkee, District-Haridwar. 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.

Also Read: https://newslaw.in/supreme-court/courts-legal-analysis-on-equivalence-of-post-graduate-courses-in-ayurveda-and-allopathy/

Case Title: MOHD. JULFUKAR Vs. THE STATE OF UTTARAKHAND (2024 INSC 38)

Case Number: Crl.A. No.-000174-000174 / 2024

Click here to read/download original judgement

Leave a Reply

Your email address will not be published. Required fields are marked *