MUMBAI: The Bombay High Court has quashed an FIR lodged under charges of rape and provisions of the stringent SC-ST (Prevention of Atrocities) act, on the ground that the man and the alleged victim have now married each other.
A bench of Justices Prasanna Varale and Anil Kilor was hearing a plea filed by one Kiran Limbhore seeking to quash the FIR registered against him under charges of rape.
As per the prosecution case, Kiran and the victim were initially friends and their relation later developed into a love affair. They then indulged in to sexual relationship owing to their love affair. However, after some time, he started avoiding her and even refused to marry her.
Accordingly, the victim filed an FIR against Kiran under charges of rape and she being a member of the Scheduled Caste, the provisions of the SC-ST (Prevention of Atrocities) act was also invoked by the police.
However, over a period of time, the couple settled the dispute amicably. They even got married and the victim, who now became a legally wedded wife, became pregnant.
Accordingly, Kiran contended that the FIR in question would be nothing but a futility and as the parties have decided to reside together as legally wedded husband and wife by forgetting the past and when the parties are willing to open a new chapter in life in the future, lodgment of report or the proceedings pursuant to the report shall not be a hurdle in their future life.
The judges, accordingly, held that Kiran has made out a case to quash the FIR.
"Considering the fact that wife filed an affidavit in this Court stating that the dispute between the parties is amicably settled and the lodgement of the FIR at her instance was due to misunderstanding and she has no objection for quashing the FIR, in our opinion, continuation of the case would be nothing but a futile exercise," the judges held.
