Mumbai: The Bombay High Court has quashed an FIR in a case of rape here after the victim submitted that she and the accused were now married and were residing together “happily”. In an order passed last month, a bench of Justices Ranjit More and Bharati Dangre quashed the FIR registered by the woman last year against the man on charges of rape at a police station in Mumbai. However, last month, the couple approached the court, saying they had been in a consensual relationship at the time of the incident of rape and that the woman had registered the FIR after the man refused to marry her. They told the court that they had subsequently been counselled by their “family members and well wishers” into resolving the dispute “amicably”.
In January this year, the two got married. The victim submitted in the court that she and the accused were residing together “happily”. Therefore, the man sought that the FIR against him be quashed now and the woman told the court that she consented to the same. Cases of rape are non-compoundable under the law and therefore, FIRs in such cases cannot be quashed merely because the victim and the alleged offender subsequently consent to a compromise.
In the present case, the bench noted that it seemed evident that the two had been in a consensual relationship at the time of the alleged incident of rape. Besides, continuing the prosecution against the man would go against the welfare of the woman since they were now married, the HC said. In the prevailing circumstances, the bench said, no purpose will be served in continuing with the prosecution of the accused. “Looking from the angle of welfare of respondent no. 2, who is now married to the petitioner, it would be just and proper to end the prosecution against the petitioner,” it said while quashing the FIR.
