Marriage is not enough to Quash Rape Charges

Henious offences like rape cannot be forgiven or the accused cannot be evicted just on the ground that he is ready to marry the survivor.

The Delhi High Court observed that marriage is not enough to quash the rape charges. The court heard a petition which was filed by the couple seeking quashing of FIR registered in 2013 even when the charge sheet was filed. The couple was earlier staying in a live-in relationship which was sour and later the man agreed to marry the girl.

Justice Brijesh Sethi rejected the contention of the couple to end criminal proceedings and noted that, “even when there is a settlement, the view of the offender and the victim will not prevail since it is in the interest of the society that the offender be punished.”

During trial the court added, “The settlement in cases where the nature of offence is heinous / serious like murder, rape, dacoity, criminal proceedings cannot be quashed even if there are settled by the accused and the victim.”

Reports:

The National Crime Bureau reports states that in 2017, total rape cases that were reported were 32,559 and one third of total victims and offenders were either friends, online friends or separated husbands.

It was also observed that false allurement of marriage and after repeated insistence of sexual relationship by the live in-partner or friend be still be considered as rape.

However, the Apex Court has left many legal questions unanswered by mentioning that FIR does not survive if the parties are happily married. The Apex court in 2019 held, ““Considering the nature of the allegations in the FIR and the realisation of the fact that due to miscommunication FIR came to be registered at the relevant point of time which issues/misunderstanding have now been fully resolved and the parties are happily married since 11.10.2014, the basis of FIR does not survive.”

Abusive and Violent Relationship:

The parties had met in January 2013 during a professional assignment. The complainant was a 36 year old widow, and the accused was around 28 years old. They both were allegedly in a live-in relationship.  Things between them turned sour soon after. 

According to the Delhi High Court, the complainant alleged that the accused was often “abusive and violent” over the course of time when they were in the live-in relationship. She alleged that he forced himself on her and later for abortion.

The complainant registered an FIR against the accused on 17 September 2013, u/s 376 IPC and u/s 380 as it was contended that the accused had absconded with her belongings and valuables. 

However, Parties resolved their issues and tied knots in October 2014 and the trial went for the next seven years on account of differences and misunderstandings. 

As per petition filed in the Supreme Court, they resolved their issues  in August 2019 with intervention of friends and well-wishers and signed a settlement deed. The complainant later gave her no-objection certificate for quashing of the FIR and that’s when he approached the Delhi High Court. 

Justice Rajnish Bhatnagar said, “Act of rape is not an act against an individual, but an offence against society.”

Though, cases u/s376 IPC shall not be quashed and should be considered as crime against society at large, however, in peculiar circumstances of matrimonial disputes case where the complainant states that her future depends on quashing of FIR and states that rape was not committed upon her, it will be in the interest of justice that FIR shall be quashed.