Bombay high court quashes rape case as woman admits sex consensual

The Bombay high court recently allowed the quashing of a first information report (FIR) under section 376 of the Indian Penal Code after the complainant submitted that she wanted to move on in life and that the physical relation between them was consensual.

The division bench of Justices Ranjit More and Bharati Dangre, while hearing the petition filed by the accused, was informed by advocate Sanjeet Shukla that even as the trial in the case was pending with the Dindoshi sessions court, the FIR against his client should be quashed as his client and the complainant woman have reached an amicable settlement.

The bench then went through the affidavit submitted by the woman. She stated that she was married to another man before she met the accused. She did not live with her husband and had a consensual physical relationship with the accused.However, following a misunderstanding, she had lodged an FIR against him.

“The FIR shows that respondent No 3 (woman) and the petitioner were adults. As stated hereinabove, the affidavit filed by respondent No 3 discloses that the sexual act between her and the petitioner was consensual. We are of the opinion that the offence under Section 376 is not made out,” said the bench.

The court, however, asked the petitioner (accused) to deposit Rs 10,000 with Tata Memorial Hospital within four weeks after which the FIR against him would be deemed to be quashed.