HC quashes rape case, holds relationship was consensual

The Bombay High Court quashed a criminal case of rape against a man, holding that the accused and the victim were both in a consensual relationship and thus if they have agreed upon an amicable settlement, the criminal courts should not be burdened.

A division bench of Justice Ranjit More and Justice Sarang Kotwal set aside the case registered by the Trombay Police station against Abulaas Khan, observing that, "The FIR reveals that the relationship between the accused and the woman was consensual. Hence, the offence under section 375 (rape), is not made out. Consequently, we find that no purpose would be served by keeping the subject FIR pending except burdening the criminal courts which are already overburdened."

The court though directed Khan to deposit Rs 10,000 with the Tata Memorial Cancer Hospital, within four weeks, as cost. The police had registered a case last year, acting on the complaint filed by the woman. However, during the probe's pendency, the parties with the help and intervention of family members, friends and well-wishers amicably settled their differences and moved the court for quashing the criminal case. The woman also filed her affidavit of consent along with the petition filed by the accused.

The bench, after going through the papers and personally interviewing the woman, and relying on the apex court's judgement held, "Court cannot decline to quash the FIR merely because it incorporates a particular provision which is a serious offence or an offence against the society. Court has to find out whether the FIR indeed discloses ingredients of such offence." Accordingly the court quashed the FIR.