Mumbai: The Bombay high court allowed the quashing of an FIR under Section 376 of Indian Penal Code (IPC), which deals with rape, after the complainant submitted that she wanted to move on in life and her physical relationship was consensual.
While allowing the appeal, the court also directed the accused to deposit Rs 10,000 with Tata Memorial Hospital.
The division bench of Justices Ranjit More and Bharati Dangre was hearing the petition filed by the accused who had come to quash the FIR filed against him.
The accused’s counsel Sanjeet Shukla argued that FIR should be qua-shed against his client even though the trial is pending in the Dindoshi court. Mr Shukla further argued that accused and complainant have decided to settle the matter amicably.
The complainant’s affidavit stated that she was married when she met the accused. She did not live with her husband and had a consensual physical relationship with the accused. Howe-ver, following a misunderstanding, she had lodged an FIR against him.
After perusing the affidavit, the court said, “The FIR shows that the complainant woman and the petitioner were adults. As stated hereinabove, the affidavit filed by the complainant discloses that she had physical relations with the accused consensually.”
The court further obser-ved that, “We are of the opinion that the offence under section 376 is not made out.”
The court, however, asked the petitioner (acc-used) to deposit Rs 10,000 with Tata Memorial Hospital within four weeks after which the FIR against him would be deemed quashed.
