Bombay HC quashes rape FIR as victim now married to accused – India Today

The Bombay High Court quashed a rape FIR registered by a 23-year-old Mumbai woman as she was now married to the man.

The woman in her complaint has stated that the two knew each other since 1999 and the man, on a false promise of marriage, had established physical and sexual relations with her on many occasions since 2017 and later refused to marry her.

An FIR was lodged at Tilak Nagar Police Station, Mumbai on January 2, 2021 against the man for the offences punishable under Sections 376 (rape), 504 (intentional insult) and 506 (criminal intimidation), 376(N) of the Indian Penal Code and Section 67A of the Information Technology Act.

It was also alleged that some obscene video of hers was forwarded by the man to her brother and aunt.

However, after the registration of the FIR, the man and the woman got married and became parents to a six-month-old son.

Advocate Nazneen Khatri appearing for the man said that the accused and the victim were very happily married and the woman did not want to pursue the case any further. The bench of Justices PB Varale and AS Kilor even interviewed the woman who confirmed that the two were married.

The bench observed that the two were in a relationship between 2017 to 2019 and had continued to have a physical relationship “without there being any misconception of fact, force, pressure or coercion.”

The FIR, therefore, reveals that the relationship between the man and woman was consensual. Hence, the offence under Section 376 is not made out.

“Consequently, no fruitful purpose will be served by continuing with the prosecution,” said the bench.

The bench also went through a decision of the apex Court which makes it clear that the court cannot decline to quash the FIR merely because the FIR incorporates a particular provision which is a serious offence or an offence against society.

“The Court has to endeavour to find out whether the FIR indeed discloses ingredients of such an offence and that the Court can accept the settlement and quash the FIR / Charge-sheet if the Court is of the opinion that such an offence is unnecessarily incorporated in the charge-sheet,” noted the bench.