Woman complains of rape, Bombay HC calls it ‘dispute between two private parties’

The judges found that offence of rape was based on the woman’s allegations and that the relationship appeared consensual

The Bombay high court struck down criminal proceedings initiated against a Mumbaiite who allegedly raped a woman repeatedly. The court called this a “dispute between two private parties,” and ordered that the accused be released, but only if he paid Tata Memorial Hospital Rs50,000 within four weeks.

The government’s plea that the offence was a serious one did not impress the court. (HT File)

Mohammed Bablu Kasiruddin Shaikh had approached the high court seeking to quash a case registered at the Dindoshi police station, where he was booked section 376(2)(n) of the Indian Penal Code. He and the woman, however, amicably settled the matter later and she consented to the charges being dropped.

The government opposed the man’s plea, saying the alleged offence was a serious one and against the society at large. The contention, however, failed to impress a bench of justices Ranjit More and Sarang Kotwal.

“It is true that the offence is of serious nature and one that is against the society. Consequently, such an offence cannot be quashed by consent, said the bench. It however, added that it would find out wither the FIR contained charges of rape.

It said it would also determine if it can accept the settlement and quash the FIR if it finds out that such an offence was unnecessarily incorporated.

The judges found that offence of rape was based on the woman’s allegations and that the relationship appeared consensual.

“The woman’s complaint and the FIR make it clear that the accused and she are adults and that their relationship was consensual,” said the bench. “Thus, it will not be fruitful to continue with proceedings,” said the bench.