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january 2024

Supreme Court of India · 2024-01-09

Mohd. Julfukar vs The State Of Uttarakhand

Court
Supreme Court of India
Petitioner
Mohd. Julfukar
Respondent
The State Of Uttarakhand
Author
B.R. Gavai
Bench
B.R. Gavai

Judgment text excerpt

The Supreme Court upheld the High Court's decision to reject the appellant's plea for quashing proceedings under Sections 376 and 506 IPC, emphasizing that the complainant's statement indicated she was forced into marriage, thus negating the establishment of consent necessary for the offence under Section 376 IPC. The Court noted that the complainant later affirmed in an affidavit that her marriage was consensual, but the discord arose due to family interference. Ultimately, the Court found that the ingredients for the alleged offences were not satisfied, leading to the dismissal of the appeal.

Mohd. Julfukar vs The State Of Uttarakhand · Niyam