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RAPE
HC of KARNATAKA at BENGALURU

on

2017-02-08
Criminal Petition No 9463 of 2017Vijayakumar MajageSoni Nihal Dinesh vs Sri. Sandeep PatelIPC 376

Rape Case Can't Be Quashed On The Ground That Accused Married Victim

Rape undisputedly is one of the most depraved act. It is not only an offence against and individual,i t is catagorized as an offence against the society at large. In the instant case, petitioner No.1 is accused of committing forcible rape against the petitioner No.2 who was below 18 years of age as on the date of commission of the offence. The allegations made against the petitioner No.1 squarely fall within clause Sixthly of section 376 of Indian Penal Code. Hence, even though there is a settlement between the parties, and the parties are stated to have been married and are living together, the criminal proceedings initiated for the alleged offence cannot be quashed. In view of the ratio laid down in the above decisions of the Hon’ble Supreme Court, the power under section 482 of Cr.P.C. cannot be exercised in the present set of facts.
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