How To Quash FIR Under Section 376 of IPC

Quashing an FIR under Section 376 of the Indian Penal Code (IPC), particularly in matrimonial disputes, is a complex legal process. While cases under Section 376 IPC are rarely quashed in ordinary circumstances due to the gravity of the offense, there are some exceptions based on specific circumstances. In a recent case, the Delhi High Court dismissed charges under 376/354/498a/406/34 IPC despite initial hesitation. The court emphasized that while quashing such cases should be approached cautiously, peculiar circumstances such as a complainant’s future depending on it may warrant the FIR’s dismissal.

It is important to note that quashing an FIR under Section 376 IPC is uncommon due to the gravity of the offense and the implications for society. Courts typically consider such cases to be crimes against society as a whole and are wary of quashing requests. However, in exceptional situations where the interests of justice demand it, such as in specific matrimonial dispute cases, courts may entertain petitions for quashing FIRs under Section 376 IPC.

Legal provision for quashing of FIR under section 376:

Section 482 of the Criminal Procedure Code (CrPC) gives India’s High Courts the authority to quash FIRs or criminal proceedings. Section 482 of the CrPC empowers High Courts to issue orders to enforce the Code, prevent abuse of court processes, and ensure justice. Quashing an FIR is a legal process that allows people to ask the court to set aside or cancel a First Information Report (FIR) u/s 154 of CrPc filed against them. This remedy can be sought in certain circumstances, such as lack of jurisdiction, improper filing, insufficient evidence, political motives, or settlement outside of court.

How to Quash FIR under section 376 of IPC?

The process of quashing an FIR under Section 376 IPC consists of several key steps:

• Legal representation: Enlist prudent legal counsel to assess the case’s probative weight and plan for the annulment of the FIR.
• Evidentiary Assembly: Collaborate closely with legal representatives to compile evidentiary materials supporting the defense and challenging the allegations.
• Establishing Mala Fide Intent: Demonstrate malicious intent behind the FIR, presenting it as a maneuver rather than genuine culpability.
• Negotiation and Mediation: Consider negotiation or mediation in select cases to amicably resolve underlying disputes.
• Quashing Petition: Submit a quashing petition under Section 482 of the Code of Criminal Procedure (CrPC) to the High Court with strong legal arguments and evidence supporting the request for quashing.

It is important to note that quashing an FIR under Section 376 IPC is difficult because of the societal implications. Courts view such cases as crimes against society and proceed with caution when considering quashing requests. However, in exceptional circumstances where justice requires it, courts may entertain petitions for quashing FIRs under Section 376 IPC, especially in unique matrimonial disputes where specific conditions are met.

Case Laws:

In the case of Kapil Gupta Vs. State of Nct Of Delhi & Anr.,2022, the Supreme Court quashed the FIR filed under Section 376 IPC because the matter was amicably settled, and thus the court allowed the petition for the quashing of the proceedings under Section 482 of the Criminal Procedure Code. The court has determined that the court’s primary purpose is to provide justice to the complainant and that if the complainant has settled the matter herself, the court may allow quashing as an essential step toward her future development.

In Arshad Ahmad & Ors v. State of NCT of Delhi, 2022  the Court ruled that charges under Section 376 IPC should not be dismissed in ordinary circumstances and should be regarded as crimes against humanity. However, given the peculiar circumstances of the matrimonial dispute case, where the lady said that her future depends on the quashing of the FIR and that rape was not committed against her, the Court held that quashing the FIR in its entirety would be in the interest of justice.

In XXXX v. State of Madhya Pradesh, 2024, In an appeal challenging the order passed by Madhya Pradesh High Court on 1-08-2022 dismissing the petition under Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) for quashment of First Information Report (‘FIR’), the Division Bench of CT Ravikumar and Rajesh Bindal, JJ. quashed the FIR and further criminal proceedings while noting the absence of any false promise to marry, and the consent of the complainant, her daughter, and even parents who were living in the same.

It is advisable to consult a lawyer for filing a petition for quashing an FIR under section 376 IPC. For any type of legal assistance, one can talk to lawyer from Lead India. Lead India provides free online legal advice in India. With Lead India, one can ask free online questions of the experts in addition to getting free legal advice.