Libertatem Magazine

Criminal Proceeding Quashed where the Accused and Prosecutrix are happily married

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Guwahati High Court allowed the petition quashing the criminal proceeding against the petitioner. Md. Jahirul Maulana was accused by the minor victim’s mother, of having sexual intercourse with the victim without her will and subsequently which resulted in the pregnancy of the girl, however, this incidence took place in the year 2011 and in 2012 with mutual agreement petitioner married the victim girl. Court found no merit in continuing with the proceeding because of bleak chances of conviction in the light of compromise between the present husband and wife.

Court regarded this case as unusual and held that it requires unusual stand since the suit was filed by the mother of the girl and from facts it is evident that there was no problem between the couple and were living happy married life since five years of compromise and have a child as well.

Putting end to an outgoing litigation, court relied upon the observation made in the case of Madhavrao Jiwajirao Scindia. v. Sambhavjirao Chandrojirao Angre in which court held that there is no merit by dragging the parties into court and also wasting valuable judicial time. Therefore, the ends of justice demand that they should be “left to their will without looming clouds of litigation over their heads”.

 In my opinion the stand of the court is simply based on practical purpose. Since it had been five years they got married and have a child also and questioning the facts and circumstances which no more seem relevant will only result in the breakdown of their happy marital life.

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