Nagpur: In a recent development, the Nagpur Bench of the Bombay High Court has made a significant ruling in a rape case that was filed nearly four years ago. The court quashed the First Information Report (FIR) after both the complainant woman and the accused man filed a joint affidavit, stating that the case was a result of “misunderstanding.”
The case dates back to December 2019 when the complainant woman lodged a police complaint accusing her former boyfriend of rape. At the time, the two were in a relationship. The accused man swiftly approached the High Court soon after the FIR was filed.
Today’s Rate
Thursday 21 Nov. 2024
In a surprising turn of events, both the complainant woman and the accused man presented a joint affidavit before the court, asserting that they were currently living happily with their respective spouses and had no intention of pursuing the case any further. The affidavit further mentioned that the complainant woman was planning to settle abroad, while the accused man had a child with his wife.
Upon examining the case, a division bench comprising Justice Vinay Joshi and Justice Valmiki Menezes, made several observations. The court noted that it appeared to be a consensual relationship, given the independent examination, and pointed out that there was evidence of a “physical relationship between the well-educated couple.” The judges stated that there was no substantial material to conclude that the complainant had been compelled to provide her consent under the pretext of marriage.
The judges also considered the fact that the complainant woman was not willing to continue with the prosecution, which indicated that she may not support the case in the future. In light of these unique circumstances, the court declared that the continuation of the prosecution would be futile.
The complainant and the accused first crossed paths while working at a hotel in 2018, which led to them entering into a relationship. According to the FIR, on December 25, 2018, the accused visited the woman’s home on her birthday, expressed his intention to marry her, and allegedly engaged in non-consensual intercourse with her. Subsequently, a year later, the woman discovered that the accused was engaged to another woman, which led to her filing the FIR.
During the proceedings, lawyers presented printouts of various Facebook messages exchanged between the parties involved. These messages indicated that a relationship of love and passion had developed, resulting in an intimate physical relationship over more than a year. The court emphasized that these messages raised serious doubts about the complainant’s claim of forced sexual relations.
In light of the joint affidavit, the court concluded that the case was indeed a “misunderstanding” and, considering the circumstances, decided to quash the FIR. This ruling highlights the importance of mutual consent and the evolving nature of relationships, urging a thorough examination of evidence in such cases.
