HC quashes rape FIR, says relationship was consensual, man to pay 50,000

Mumbai: The Bombay high court has quashed a rape FIR on the grounds that the man and the woman in question had a consensual physical relationship. The man, Mohammad Bablu Kasiruddin Shaikh was slammed with a cost of Rs 50,000. The court observed that the parties misused the police machinery and the court to settle their personal dispute.

Shaikh had moved the high court seeking to quash the FIR registered against him under section 376 (2) (n) (rape and causing grievous bodily harm or maims or disfigure while committing rape or endanger the life of a woman) of the Indian Penal Code. Counsels for accused and the complainant had informed the court that while investigation into the complaint made by Dindoshi police was pending, both the parties amicably settled their differences by way of mutual settlement and wanted the FIR to be quashed. The complainant had personally informed the division bench of Justice Ranjit More and Justice Sarang Kotwal that she was willing to withdraw the complaint on her own free will.

Government pleader had opposed the petition saying the crime is serious in nature. However, the bench held that though the offence was serious, as per the Supreme Court order the court cannot decline to quash the FIR merely because it incorporates a particular provision which is a serious offence or an offence against society. The bench noted that in the current matter, the petitioner and the complainant were adult and their relationship was consensual thereby ruling out rape.

The court ordered to quash the FIR but also said, “As the police machinery and the court machinery was used by the parties to settle their private dispute as a corollary of differences of opinion, we find it would be appropriate to saddle the petitioner with the cost of Rs 50,000 to be paid to Tata Memorial Hospital.

The judges also said that if petitioner failed to pay the fine amount within four weeks the petition would be dismissed automatically.