SUBSEQUENT MARRIAGE BETWEEN MAN & WOMAN DOES NOT WAIVE OFF OFFENCE OF RAPE A plea was filed in the Delhi High Court for quashing of a FIR for offences under sections 376 (Rape) and 506 (Criminal Intimidation) of the IPC. The petitioner contended that the FIR was lodged by the prosecutrix in confusion alleging that the petitioner committed forcible penetrative sexual assault on the prosecutrix. The petitioner urged the quashing of the FIR on the ground that the petitioner and prosecutrix have since married and are living together. The Court, while finding no grounds to quash the FIR held that, “Subsequent marriage between the petitioner and prosecutrix does not waive off the offence as alleged by the complainant committed earlier and offence punishable under Section 376 IPC being a serious offence, the FIR in question cannot be quashed on the basis of compromise between the parties.” Reddy and Reddy Law Firm boasts an excellent criminal litigation practice.
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