While quashing a rape complaint against a man, the Bombay High Court has directed him to pay a cost of ₹25,000 to the Central Police Welfare Fund. The complainant herself agreed to the court quashing the case.
A bench of Justices Ajey Gadkari and PD Naik was hearing a petition filed by a 24-year-old man through Advocate Sana Raees Khan, seeking quashing of the rape complaint registered at the Naya Nagar police station, Mira Road.
Charges of extortion
In 2021, a first information report (FIR) was registered by the woman alleging that the man established physical relations with her on marriage promise. She also accused him of threatening her and extorting ₹4.39 lakh. After the man reneged on his promise, a case was filed under sections 376 (2)(n) (physical relation on promise of marriage), 420 (cheating) and 506 (criminal intimidation) of the Indian Penal Code.
Matter settled, so they can focus on their future
The woman filed three affidavits through Advocate Sadanand Desai, stating that due to the intervention of common friends, family, and well-wishers, they (accused and the victim) have “settled the matter amicably, so they can focus on their future careers.”
The bench noted that the victim in “unequivocal terms” had confirmed that she was “not desirous of prosecuting the present crime further against the accused and would consent to quash the same”. The victim was also present in the court and, through her advocate, reiterated the contents of the three affidavits and also her consent to quash the FIR.
Accused to pay ₹25,000 to the Central Police Welfare Fund
“The perusal of the FIR indicates that after relations between accused and victim soured, the present crime has been registered. As the victim has now consented to quashing the same with her free will and without any duress or coercion, we are inclined to quash the crime in question,” the bench said.
While directing the accused to pay a cost of ₹25,000, the bench said, “It is made clear that if the petitioner fails to deposit the amount within the stipulated period in the account of Central Police Welfare Fund, the petition will stand revived and in that case the trial will proceed.”
