The Bombay High Court recently quashed an FIR against a man accused of raping a woman after they got married.
A division bench of Justices Prasanna Varale and Anil Kilor was hearing a criminal application filed by Prashant Kharat seeking to quash the FIR on the grounds that the matter has been settled by both the parties and they are married now. The court was shown the marriage registration certificate, marriage card and photographs. They have a six-month-old son out of the wedlock and jointly urged the court to quash the FIR.
The woman had been friendly with Mr. Kharat since 1999 and was in a relationship with him since 2007.
The FIR was registered on January 2, 2022 under sections 376 (punishment for rape), 504 (intentional insult with intent to provoke breach of the peace), 506 (punishment for criminal intimidation) of the Indian Penal Code and sections of the Information Technology Act. It is alleged that he indulged in physical and sexual relations with the applicant on a false promise of marriage but later refused to marry her. It is also alleged that he shared an obscene video of the woman with her aunt and brother.
The court relied upon a decision by the Supreme Court and said, "It is clear that the Court cannot decline to quash the FIR merely because the FIR incorporates a particular provision which is a serious offence or an offence against the society. The Court has to endeavour to find out whether the FIR indeed discloses ingredients of such offence and that the Court can accept the settlement and quash the FIR / Charge-sheet if the Court is of the opinion that such an offence is unnecessarily incorporated in the charge-sheet."
The court quashed the FIR and said, "The FIR reveals the relationship between the man and woman was consensual. Hence the offence under section 376 is not made out."
