The Bombay high court sought proof of marriage from a couple who moved the court to quash the First Information Report (FIR) of rape charges registered by the girl against her to-be husband before they decided to tie the knot.
The Bombay high court sought proof of marriage from a couple who moved the court to quash the First Information Report (FIR) of rape charges registered by the girl against her to-be husband before they decided to tie the knot.
A division bench of justice BH Marlapalle and justice U D Salvi said, “What proof do you have that you will marry? First go and get married and then come to us.” The bench made these observations while hearing a petition filed by Sunil Mapsekar (name changed) who was charged by a 22-year-old woman of rape and unnatural sex.
As per the petition filed by Mapsekar, the girl hails from Indore and came to Mumbai in 2007 to become an actor. In September, Mapsekar met the victim at a shoot coordinator’s office. Subsequently, they had physical relations. Mapsekar allegedly abused her often and manhandled her.
On December 12, 2010 the victim lodged a complaint at Versova police station, under sections 323, 341,504, 376, 377, and 506 of the Indian Penal Code. Mapsekar rushed to the session’s court seeking anticipatory bail which was granted to him. However, over a period of time, the couple struck a compromise on the grounds that they would tie the knot.
The two then filed consent terms before the magistrate court and moved the high court for quashing of the FIR. Mapsekar’s advocate argued before the court that “the two have decided to get married and amicably settle the dispute for better future prospects. Thus it would be futile to continue criminal proceedings."
However, the bench observed, “Why haven’t they got married till now?” to which the advocates of the couple stated that they are busy with work, both being in the acting profession and haven’t got the time. “But we will advise them to marry soon.”
On the assurance of their advocates, the couple has been given three weeks’ time to come back and inform the court whether they have tied the knot.
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