We have often seen women rights activists going overboard whenever a man has been acquitted in a rape case, after his accuser marries him. But what these activists don’t inform all is that our draconian laws are designed in a way, that a woman can drag her partner to court if he backs out from marriage, and charge him with rape.
In its recent order, the Supreme Court invoked its power under Article 142 of the Constitution of India and quashed a Rape case as it noted that the complainant/alleged victim got married to the appellant/accused.
Allowing the appeal moved by the appellant/accused against the order of dismissal of his 482 CrPC application by the Telangana High Court, the Bench of Justice Vineet Saran and Justice J. K. Maheshwari observed thus:
Considering the aforesaid facts and keeping in view that the respondent no.2/complainant has herself made a statement before us that she has married the appellant and now living happily, we exercise our powers under Article 142 of the Constitution of India and to do complete justice in the matter, we quash the FIR dated 16.08.2020 lodged by the respondent no.2 against the appellant under Sections 417, 420 and 376 IPC.
Case:
The complainant woman had lodged an FIR against the appellant/accused for offences under Sections 417, 420, and 376 IPC. It was alleged that the duo met each other through the matrimonial website Bharat Matrimony and thereafter they remained in touch with each other.
Further, she alleged that on the promise to marry, the appellant/accused made a physical relationship with her, and thereafter, since he refused to marry her. This is when she lodged an FIR against him.
However, once the FIR was lodged, the accused man agreed for marriage and thus they moved to the Telangana HC seeking the quashing of the rape FIR.
The Telangana High Court dismissed their plea to quash the FIR and therefore, they moved to the Supreme Court.
Supreme Court
Complainant woman made a statement in the top court that she was now married to the appellant and was leading a happy married life, and thus, she averred that she does not wish to press the FIR lodged against the appellant (now her husband).
In view of this, the Supreme Court allowed the appeal and quashed the FIR.
- Has Rape On Pretext of Marriage Law become a Tool To Force Men Into Marriage Without Their Consent?
- Why is Consensual Sex between two adults turned into rape, if the relationship fails or man does not want to marry?
- Why is there no onus on both consenting adults who fully understand the consequences of pre marital sex?
- What is the choice Men have when women back out from marriage after consensual sex?
- Until India does not make Gender Neutral Laws, women will successfully become empowered or play victims as and when they choose too
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READ ORDER | Supreme Court Quashes Rape Case As Complainant Woman Gets Married To Her 'Rapist'
— Men’s Day Out (@MensDayOutIndia) March 29, 2022
▪️When HE said NO, SHE charged HIM with RAPE
▪️When HE agreed to marriage, SHE told SC that they were happily married@narendramodi @AmitShah @KirenRijiju https://t.co/59CxQ0BbCs
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