HC quashes rape charges filed by wife before marriage

After assurances from the family members, the Bombay High Court quashed a complaint of rape which had been filed by wife against the husband before marriage. The court observed: “In such cases, where the couples have agreed to live in a peaceful manner, the rules of public order should not be applicable.”

Division bench of justices AM Khanwilkar and Rajesh Ketkar, set aside the First Information Report (FIR) registered with the Versova police station by the wife before the couple has amicably settled their fight.  

The grandmother and sister of the wife assured the bench that there would be no future problems and if there is any dispute, it would be their responsibility. The high court had earlier, considering the seriousness of the charges levelled against the accused, called the parents/guardians to the court.

The couple moved the court to quash the FIR on the basis that they have amicably settled the matter and now no longer want to pursue the legal case. In July the court told the couple to first bring proof of marriage before it can proceed to quash the FIR.

Additional public prosecutor Mankunwar Deshmukh said: “After the couple and their family members assured the court that there would not be any fall out, the court quashed the FIR.” Earlier, Deshmukh had opposed the plea made by the couple stating: “What if again after quashing the FIR the husband ill-treats the wife and again the entire police machinery is set in motion.”