Says Allegations Emerged Only After Marriage Refusal
The Jammu & Kashmir High Court has quashed FIR registered against a man accused of rape and criminal intimidation, citing the delayed complaint and the long-term consensual relationship shared between the parties. The FIR was registered under Sections 376 and 506 of the Ranbir Penal Code (RPC), based on an application filed by the prosecutrix, who claimed that the petitioner had committed rape on her in 2011, when she was returning from school, and continued to exploit her for nearly seven years on the pretext of marriage.
A bench of Justice Rajnesh Oswal allowed the petition and quashed the FIR terming the allegations as lacking legal substance and driven by personal grievance over an unfulfilled marriage promise. The court observed that it is evident that the prosecutrix remained in relationship with the petitioner for six-seven long years and lodged FIR only, when the petitioner did not accede to the demand of the respondent No.3 to send marriage proposal to her parents.
The court after a thorough analysis of the FIR and the prosecutrix’s Section 164-A Cr.P.C. statement, observed that both parties were majors at the time of the alleged first incident in 2011 with the prosecutrix being over 20 years of age. The court noted that the prosecutrix admitted to continuing a physical relationship for six to seven years, without filing any complaint during that period. The Court noted that there was no evidence of force or threat during the years-long relationship, and no prior complaint was filed despite the prosecutrix having approached the police station earlier.
The Court held that no offence under Sections 376 or 506 RPC was made out against the petitioner. It noted that a consensual relationship between adults, later followed by a fallout over marriage, cannot be equated with rape, especially in the absence of any coercion or deception at the inception of the relationship. The petitioner had filed a plea to quash registered under Sections 376 and 506 of the RPC, arguing that it is false and lacks specific details such as the date, time, and place of the alleged incident.
The FIR was lodged at the instance of a woman who claimed she was in a relationship with the petitioner for seven years and was raped on the false promise of marriage. The petitioner denies knowing the complainant and claims that during the time of the alleged incident in June 2011 he was undergoing training with the Sashastra Seema Bal (SSB) and had not taken any leave. He also presented service records and a wedding invitation to support his defense. The court finding merit in the petitioner’s arguments quashed the FIR stating that there was no evidence suggesting commission of an offence by the accused. (LiveLaw)
