Bombay High Court quashes rape charge after man promises to marry victim

The Bombay high court recently quashed a rape charge against a man observing that "it would be in the interest of the victim and no purpose would be served by keeping the FIR and criminal proceeding against the petitioner except burdening the criminal courts which are already overburdened."

A division bench of justices Ranjit More and Anuja Prabhudessai, while quashing the case against the Wadala resident, took into consideration the affidavit filed by the victim. The affidavit stated that the accused, who is presently abroad, had promised to marry her and they had settled the dispute amicably.

The court, relying on a Supreme Court judgment wherein a serious offence was quashed, noted: "If the case is continued, it would hamper the healthy relationship between
the petitioner and the respondent No. 3 (accused) and they would be put to unnecessary hardship of attending the police and court."

As per the application filed by the victim, the accused and she were in a relationship. But when he refused to marry her, she had filed a complaint in 2014 with Wadala police. When inquired by the court, she informed that she made the said statement in the affidavit on her own free will and without any pressure or undue influence. She further confirmed that she has no objection in quashing the criminal proceedings initiated by her against the accused.

The father of the accused also informed the court that on return of his son from abroad, they would solemnise the marriage between the accused and the victim. Accordingly, the court allowed the application, quashed it and set aside the criminal complaint.