Bombay High Court Quashes Rape FIR After Woman's Consent, Imposes Rs 1 Lakh Cost
The Bombay High Court has quashed a First Information Report (FIR) for rape and all consequent legal proceedings against a 26-year-old man from Assam. This decision came with the explicit consent of his 27-year-old ex-girlfriend, who intends to return to her native state of Meghalaya to continue her academic pursuits.
Court Cites Justice and Woman's Welfare in Decision
Justice Ashwin Bhobe, presiding over the case on March 9, stated that "no purpose would be served by continuing the criminal proceedings." He emphasized that prolonging the case would only cause extended distress for all parties involved, particularly the woman respondent. The judge considered the unique circumstances and the woman's clear intentions to secure the ends of justice.
Background of the Case and Allegations
According to the FIR, both individuals were employed at a Business Process Outsourcing (BPO) company in Pune and had been cohabiting since September 2023. The woman alleged she endured significant mental and physical harassment during this period. Her partner reportedly assaulted her on multiple occasions, including an incident when she disclosed her pregnancy.
- The man took her to a clinic where the pregnancy was terminated.
- Subsequent assaults prompted the woman to leave Pune in July 2024.
- The FIR was officially registered in August 2024, encompassing charges of repeated rape, causing miscarriage, and criminal intimidation.
- A chargesheet was filed in November 2024, and the accused was released on bail in December 2024.
Amicable Resolution and Legal Submissions
The man approached the High Court, asserting that with the intervention of community elders, the matter had been amicably resolved. On February 5, the woman submitted a formal affidavit expressing no objection to quashing the criminal proceedings. Advocates representing both parties provided insights into the situation.
- Ganesh Gupta, the man's advocate, and Harshad Dengale, the woman's advocate, attributed the criminal complaint to misunderstandings that arose between the couple.
- Both legal representatives highlighted that the individuals had experienced considerable "stress and suffering" throughout the ordeal.
- Prosecutor Tanveer Khan advocated for imposing costs on the man as a condition for quashing the proceedings.
Court's Assessment of Consent and Imposition of Costs
Justice Bhobe meticulously reviewed the woman's consent affidavit dated February 5. He concluded that it was "filed out of her own free will and without any pressure or coercion from any person." The court gave significant weight to her stated desire to leave the past behind, lead a peaceful life, and pursue a Master's degree in Political Science, alongside her explicit no objection in the affidavit.
Consequently, Justice Bhobe quashed the FIR and the chargesheet, subject to a critical condition precedent. The man is mandated to pay Rs 1 lakh in costs to the Delhi-based NGO, Deepstambh Foundation, within a strict timeframe of two weeks. This financial penalty was imposed to underscore accountability while respecting the woman's autonomous decision to discontinue the legal battle.
