The Bombay High Court has quashed an FIR against a man for rape filed by his ex-girlfriend after he refused to marry her following a eight year courtship as the girl consented to it saying that they were from different religions and her parents were against their marriage and also that he was happily married to another woman.
A division bench of justices PB Varale and SM Modak quashed the FIR observing: “Considering the above facts, we are of the opinion that no fruitful purpose would be served by keeping the proceedings pending. The case is made out to quash and set aside the FIR.”
The HC was hearing a petition filed by the man seeking quashing of the FIR filed against him in June 2019 at Amboli police station for rape.
Ramprasad Gupta, the man’s advocate, said that the girl had left her house sometime in 2011 and was living in Mumbai where she met him. They developed close friendship and then had physical relationship after the man assured to marry her.
However, in 2019 he went to his native place. On returning to Mumbai, he started giving evasive answers whenever she asked to marry her. He later refused to marry her.
Withing few days, the girl lodged the FIR.
Her advocates Anjali Mishra and Rohit Vaishya said that she had lodged the FIR out of anger. She filed an affidavit stating that “she gave a second thought to the matter and found that the man subsequently married another woman, leading his marital life happily” and the FIR and criminal proceedings against him “may adversely affect the future life of Petitioner (man).
Her affidavit further stated that man and she “belong to different communities and religions, their parents were not inclined to allow Respondent no.1 (the girl) and the Petitioner (man) to enter into marital tie”.
Due to intervention of elderly persons in the society as well as respected persons from both the communities, she thought it fit to withdraw the allegations against the man.