Victim cites 'inconvenience' to quash rape case

Convenience of a complainant cannot be a ground for quashing serious charges levelled by her, the Bombay High Court said while dismissing a petition filed by a 39-year-old businessman seeking to quash a case registered against him at Amboli police station of rape and outraging the modesty of a woman.

The victim in the case had also consented to the dropping of charges against the accused.

A division bench headed by Justice Abhay Oka, however, said, "Now it is inconvenient for her to continue the proceedings is no ground to quash the case."

"The victim had consented to dropping of the charges stating that she had married some other person subsequent to the filing of the case in 2015. She did not want her husband to come to know of the prosecution lodged at her behest or else it would affect her married life," her consent affidavit stated.

Public Prosecutor FR Sheikh opposed the petition claiming that the offence had been registered under serious IPC sections like 376 (rape) and 354 (outraging modesty of woman), and that a charge sheet had also been filed in the case and trial would commence soon.

However, the advocate for the accused argued that the consent affidavit of the victim had been filed, and justice would prevail if the complaint was quashed.