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Delhi HC refuses to quash FIR in rape case over accused marrying the complainant

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The Delhi High Court on Friday declined to hear the petition filed by a rape accused for quashing the FIR registered against him by the prosecutrix, merely on the ground that they have solemnized their marriage. 

The complainant herself appeared before the bench of Justice Subramonium Prasad and contended that they have solemnized their marriage and they are living a happy life with one another and wanted the FIR quashed for the reason.  

On the other hand, Justice Prasad made the complainant understand that such sensitive issues cannot be compromised at any cost. “There are at least 4 judgments of Supreme Court which state that the matters related to rape should not be quashed,” said Justice Prasad. 

The counsel appearing for the petitioner stressed the fact that the couple is now married moreover, the accused has cleared the REET exam and he is now eligible to be a teacher. She also mentioned that it was a complete misunderstanding between the youngsters as the accused was not picking up the calls of the complainant due to which the complaint was registered. 

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The complainant interrupted, “Sir, maine physical relationship bola Mahila cell ko jo humare beechme rahe the. Maine physical relationship hi kaha tha” (Sir, I had spoken about the physical relationship to Women’s cell which was between us. I said physical relationship only).” Justice Prasad responded,

“You can approach Supreme Court against my order of dismissal. I can only give you my sympathies. I will not quash the FIR regarding a serious offence of rape merely based on this compromise. The girl should have given a thought before rushing to the police station for registration of FIR.”

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Further, the counsel appearing on behalf of the complainant asked to withdraw the petition and decided to file a fresh one submitting that the allegations in the FIR do not constitute the charges of rape as suggested by the bench. The bench disposed of the matter. 

Recently, in another case (Swatantra Kumar Jaysawal v State & Anr.) with a similar subject matter was also dismissed by the bench of Justice Rajnish Bhatnagar of the Delhi High Court.

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