Bombay HC quashes rape case after accused pays victim Rs 10 lakh

The victim told the court that the FIR filed against the accused was due to some misunderstanding.

By: PTI | Mumbai | Updated: July 27, 2016 3:55 pm
bombay high court rape case, bombay high court quashes rape case, rape accused pays woman 10 lakh, bombay high court, bombay hc, maharashtra, maharashtra wetlands, Maharashtra wetland protection, Bombay hc wetland protection, maharashtra wetland restoration, mumbai news, maharashtra news, india news, latest news The Bombay High Court has quashed a rape case against a 30-year-old man after he paid Rs 10 lakh to the 23-year-old victim, who is now seven months pregnant.

In an unusual verdict, the Bombay High Court has quashed a rape case against a 30-year-old man after he paid Rs 10 lakh to the 23-year-old victim, who is now seven months pregnant, saying it was being done under “special circumstances” and with the woman’s consent.

A bench headed by Justices Abhay Oka and Amjad Sayed, said, “We are quashing the complaint under special circumstances as the victim has consented to this and the accused has deposited Rs 10 lakh to secure her future and the unborn child.”

“The records revealed that both were in consensual relationship,” the judges observed in their order yesterday.

The bench also directed that the money paid by the Pune-based accused be kept in fixed deposit in a nationalised bank for 10 years.

The complainant would be entitled to the interest earned on the sum and at the end of the term she would be eligible to withdraw the amount, said the judges.

The complainant told the court that she had no objection to the complaint being quashed and that she would like to settle the matter while the accused agreed to deposit Rs 10 lakh for her benefit as well as for the unborn child.

The accused, during an earlier hearing, had deposited Rs five lakh with the High Court Registrar and informed on July 26 that he had deposited the remaining amount.

The victim told the court that the FIR filed against the accused was due to some misunderstanding. She said that initially a missing complaint was filed against the accused as he was not traceable. She also said that it was within her knowledge that the accused was married.

The Bund Garden police in Pune had filed an FIR on June 6 this year charging the accused under the provisions of Indian Penal Code pertaining to rape (section 376) and causing hurt (323), on a complaint filed by the victim.

The FIR said that the accused had raped the victim after promising to marry her.

Being aggrieved, the accused filed a petition in the high court seeking to quash the case.

His lawyer Rakesh Bhatnagar argued that the relationship between the two was consensual and the couple had reached a settlement. Hence, he urged, that the case be quashed.

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  1. Chandrashekhar Deshpande
    Jul 27, 2016 at 1:51 pm
    With due respect, When years to gather takes to come to conclusin, whether Afjal Guru should be hanged or not the H'oble Court has solved the case in jiffy.Certainly the Indian Society can approve such kind of settlement and it will pave good highway to rapeist from high income category without any court. as far as mutual consent is concern, it would have been settle mutually, even going to High court, since both were in live-in relationship as reported.Why waste of monies of public ?
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      Jul 27, 2016 at 1:22 pm
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      1. G
        Jul 27, 2016 at 9:23 pm
        The real outrage is that the judges were party to an illegal transaction to cover up a crime. Our legal system is in tatters, as judges have destro the law.
        1. M
          Jul 27, 2016 at 11:38 pm
          others may be allowed the same way which will easy the backlog of cases.
          1. Jagdish Chandra
            Jul 27, 2016 at 2:06 pm
            Accused of the rape, who might have extra marital-relation with victim even after she knowing well that accused was married, but file case of rape when this relation developed in pregnancy and both party reached consensus out of court agreement, under which accused have to paid one million Rupees to victim for safety of unborn child and her too. But lost to understand, myriad of other cases that are not in financial condition to pay but sync to it, what would be them?
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