The proceedings against the accused were first dismissed by a High Court bench headed over by Justice K. Haripal on the basis of the accused’s marriage to the victims.
The judge later recalled these orders and noted that the Supreme Court had declared heinous and serious crimes such as murder, rape and other similar crimes in Gian Singh v. Punjab, “even if the victim or victim, family and criminal have settled the dispute, nor can it be properly abolished.”
The defendant challenged the withdrawal order and appealed to the Supreme Court, stating that once these orders are announced and signed by the same court, the court has the power, except to correct clerical or arithmetic errors.
The petition for a special license was filed with the court made up of Judges Vineet Saran and Dinesh Maheshwari. The court issued a notice regarding temporary relief prayers and SLP. In this case, the defendant filed a complaint with the Superior Court, claiming that he was married to the prosecutor, while the complainant stated that they had no objection to the dismissal of the claim.
The court accepted the petition, thinking that it would be useless to continue with the lawsuit, because the prosecutor, the complainant and important witnesses would not support the case.