HC drops criminal case against man accused of raping aspiring actor

The Bombay high court has struck down criminal proceedings against a man for allegedly raping an aspiring actor, and his father who had allegedly demanded ₹4 crore in dowry from the woman’s family if his son were to marry her

The Bombay high court has struck down criminal proceedings against a man for allegedly raping an aspiring actor, and his father who had allegedly demanded ₹4 crore in dowry from the woman’s family if his son were to marry her.

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A division bench of justice Revati Mohite-Dere and justice SM Modak on Thursday dropped the case against the two, primarily considering the no-objection given by the 30-year-old actor.

“Considering the nature of allegations, the fact that the parties have since moved on and have got married and have children and having regard to respondent no. 2 [the survivor] giving her no-objection to quash the proceedings and having regard to the judicial pronouncements, there is no impediment in allowing the petition,” the bench said.

The Oshiwara police had on January 11, 2016 registered a rape case against Anshul Makhija based on the complaint lodged by the woman. She said that she had aspired to be an actor and in 2014 took admission in an institute where she met the accused.

The acquaintance soon developed into a love affair and in October 2014, the accused proposed to her after which she met her mother who too approved of their relationship. She claimed that thereafter they had physical relations, as they were to get married soon, and in 2015, she also underwent abortion at a private hospital in the city.

About his father, Ramesh Makhija, she alleged that he had asked her to bring ₹4 crore if she were to marry his son.

The police booked the father-son duo and filed a chargesheet before the Dindoshi sessions court. Meanwhile, the two moved the high court seeking to quash the criminal proceedings, primarily in view of the amicable settlement between them and the rape survivor.

The woman then filed an affidavit, stating that she was happily married and had started her life afresh and as such she did not wish to proceed with the criminal case initiated at her behest. She further said that “she was shocked that the petitioner no. 1 [Anshul] had married another woman” and felt deceived and approached the police and lodged an FIR against the father-son duo. “The FIR was a result of an emotional outburst,” her affidavit added.

The high court accepted her no-objection and said that the accused and the woman were adults at the relevant time and from what was stated in the FIR, the relationship appeared to be consensual.