The Himachal Pradesh High Court recently quashed a rape case after it was told that the case was falsely filed due to the bitterness and influence of some people who opposed to the relationship between the accused and the alleged victim.
The Court was further informed that the alleged victim and the accused man had solemnised their marriage even before the criminal case was registered, and that the couple had a child out of wedlock.
In view of this, Justice Ranjan Sharma opined that the continuance of the criminal case would only tarnish the woman’s (alleged victim) reputation and cause irreparable harassment not only to the couple but also to their child.
“Giving a quietus to entire criminal proceedings shall promote harmony, orderly behaviour 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 Court reasoned.
The Court was dealing with a plea by the accused man to quash the rape case against him. The charges against him included Section 376 of the Indian Penal Code (IPC) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
The accused man told the Court that some people were not happy with the relationship between him and his partner. This led to the filing of the rape case in 2023.
However, the matter has since been amicably settled after intervention by the woman (alleged victim) and the man’s family, the Court was told.
To verify these claims, the Court sought the response of the woman, who appeared personally and supported the accused man’s submissions.
The Court took note of the woman’s submission that she was now happily married to the accused man, whose conduct was unblemished.
Her father also supported this stance. Moreover the person who made the complaint supported the quashing of the rape case as well.
The judge ultimately concluded that continuing the rape case proceedings against the accused man would not entail in any fruitful result.
“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 Victim but also her offspring, which can never be the intent of law. 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,” the Court said.
The Court proceeded to quash the rape case.
“This Court, in peculiar facts of this case interdicts and renders the FIR and the consequential criminal proceedings as inoperative for all intents and purposes, qua the petitioner,” the April 3 judgment stated.
Advocates Manoj Pathak and Harsh Shroal appeared for the petitioner (accused man).
Deputy Advocate General Ajit Sharma represented the State.