The Himachal Pradesh High Court in its order dated April 3, 2024 quashed a fake rape case against a man, after concluding that the motive behind this false case was ‘personal animosity and external pressure’ from individuals opposed to the relationship between the accused and the alleged victim.
In fact, the couple later informed the court that they had already formalised their marriage prior to the initiation of the said criminal proceedings.
READ JUDGMENT | Fully Grown Up Lady Who Voluntarily Consented To Sexual Intercourse Cannot Cry Rape On False Promise Of Marriage: Calcutta High Court
Case:
The accused and the complainant woman were in a consensual relationship. The couple also has a child out of the wedlock. When the man did not agree to marriage, the woman filed a rape case against him in November 2023.
Subsequently, in December 2023, the man was charged under Sections 363, 376, 212 and 120-B of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offenses Act, 2012 (POCSO Act).
Following a mutual settlement between the parties, the petitioner approached the High Court under Section 482 of the Code of Criminal Procedure (CrPC) to quash the said proceedings against him.
Reasons Given To Quash Rape FIR
The petitioner prayed that due to the intervention from his family members as well as the family members of the respondent (alleged victim), the matter has been amicably settled. The Court was informed that the duo had formalised their marriage prior to filing of FIR, and now both did not have any grudges and were cordial with each other.
In March 2024, the Court issued notice to the respondent for her reply with regards to quashing of the FIR. The woman and her father, both respondents, appeared in person and corroborated with the statements of the petitioner. The state then filed its finding report in April 2024.
READ JUDGEMENT | Father-Daughter Obtained Termination Of Pregnancy Order By Filing False Rape Case: Madhya Pradesh High Court, Gwalior Bench
Himachal Pradesh High Court
Justice Ranjan Sharma heard the parties and concluded that continuing the said proceedings will only harm the reputation of the woman as a victim, and create hardships not just for the couple, but also their child.
Quashing the matter, the High Court said:
The petitioner and respondent No. 2 had bitterness leading towards the accusation in FIR; but now since the petitioner and respondent No.2 have solemnized their marriage and have an offspring now; and both have cordial relation and have no grudges against either of them as of now.
Adding further Justice Sharma observed:
In this backdrop, this Court is satisfied that the FIR and the criminal proceedings therefrom need to be quashed and set-aside, so as to meet the ends of justice. Giving a quietus to entire criminal proceedings/action shall promote harmony, orderly behavior and conduct amongst themselves.
Any reverse action in continuing with the FIR and criminal proceedings shall lead to reviving bitterness, restoring inimical relations not only amongst themselves but may adversely affect their respective families and relations also. The societal effect of continuing with the proceedings shall lead to tarnishing the reputation, spoiling her life, irreparable harassment and hardships not only to the Respondent No. 2 but also his offspring, which can never be the intent of law.
Lastly, the continuance of proceedings [in FIR and criminal proceedings therefrom] shall not entail any fruitful result when, the complainant and the Respondent No.2 alleged victim have decided not to continue with these proceedings. Even the pendency will lead to cloaking the docket of the State Authorities and the Court(s), knowing that it will end in futile exercise.
Accordingly, the rape charges were quashed and the case was put to rest.
READ ORDER | Bombay High Court Grants Bail To Lover As Complainant Woman Filed False Rape Case To Save Her Marriage
Voice For Men India Take:
- India needs to urgently demarcate genuine rape cases Vs rape cases filed by girlfriends out of bitterness and revenge
- On one hand, we as a nation, talk about empowering our women, allowing them free choices, but penalise the men, when the results of those free choices fail
- A consensual affair or relationship cannot become a legal ground to compel a man for marriage
- Sadly, laws in India, particularly the recently introduced BNS 69, trap unmarried men to consent for marriage, even when there had been no commitments
- In the case above, one can be sympathetic towards the woman, since the couple had a child. We are not saying that the man here should be let loose or be allowed to run away from this scenario
- But why should the onus of failed pre marital sex lie only with the man? Why is a woman not equally accountable to take responsibility of her choice that she exercises when it comes to decisions before marriage? Is filing of a rape case justified in these scenarios?
READ ORDER | Delhi High Court Quashes False Rape FIR Directing Complainant Woman To Do Social Service In Blind School For Two Months
- Indian rape laws have become a deadly tool in the hands of women
- They exercise these laws when boyfriends do not consent to marriage, but scream No Means No, when they want to dump their male partners for greener pastures
- When genders are reversed, a man has no legal recourse to seek any form of justice towards all possible forms of emotional, physical and financial exploitations by girlfriends, when the latter refuse to marry
- Equality must be Equal; Equality cannot be defined as ‘laws only favouring women’
DO WATCH:
Vijay Babu Pre-Arrest Bail Granted By Kerala HC | Discussion With Activist Mithun Vijay Kumar
Breaking Marriage Promise Due To Disagreement By Parents Does Not Amount To Rape: Bombay High Court
LEAVE YOUR COMMENTS BELOW:
READ ORDER | 'Bitterness Led To #FalseRape Case': Himachal Pradesh High Court Quashes FIR
— Voice For Men India (@voiceformenind) April 15, 2024
▪️Petitioner: "Due to intervention from his & family members of the respondent (alleged victim), matter has been amicably settled. Both didn't have any grudges"https://t.co/M6yVdVrnFx
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