Supreme Court of India · 2024-03-18
Ms. X vs Mr. A And Others
- Court
- Supreme Court of India
- Petitioner
- Ms. X
- Respondent
- Mr. A And Others
- Author
- B.R. Gavai
- Bench
- Rajesh Bindal, B.R. Gavai
Judgment text excerpt
The Supreme Court overturned the High Court's order quashing proceedings against the accused under Section 482 Cr.P.C., emphasizing that the allegations of sexual assault and forced abortion against a minor must be thoroughly investigated. The Court held that the minor's consent is irrelevant in cases of sexual intercourse under the Protection of Children from Sexual Offences Act, 2012, and that the High Court erred in dismissing the FIR without proper examination of the facts. The Court reinstated the proceedings, ensuring the protection of the complainant's rights under Article 21 of the Constitution.