Supreme Court Quashes Rape Case Invoking Article 142 As Complainant Gets Married To Accused

Invoking its power under Article 142 of the Constitution of India, the Supreme Court has quashed a Rape case as it noted that the complainant/alleged victim got married to the appellant/accused.

Allowing the appeal moved by the appellant/accused against the order of dismissal of his 482 CrPC application by the Telangana High Court, the Bench of Justice Vineet Saran and Justice J. K. Maheshwari observed thus:

"Considering the aforesaid facts and keeping in view that the respondent no.2/complainant has herself made a statement before us that she has married the appellant and now living happily, we exercise our powers under Article 142 of the Constitution of India and to do complete justice in the matter, we quash the FIR dated 16.08.2020 lodged by the respondent no.2 against the appellant under Sections 417, 420 and 376 IPC."

Essentially, an FIR was lodged against the appellant/accused by respondent no.2/complainant for offences under Sections 417, 420, and 376 IPC. It was her case that they both met each other through the Bharat Matrimony and thereafter they remained in touch with each other.

Further, she alleged that on the promise to marry, the appellant/accused made a physical relationship with her, and thereafter, since he refused to marry her, she lodged an FIR against him, however, later on, both of them got married, and therefore, they moved to the Telangana HC seeking the quashing of the FIR.

The Telangana High Court dismissed their plea to quash the FIR and therefore, they moved to the Supreme Court.

Before the Court, respondent no. 2/complainant made a statement that she was now married to the appellant and was leading a happy married life, and thus, she averred that she does not wish to press the FIR lodged against the appellant. In view of this, the Supreme Court allowed the appeal and quashed the FIR.

Advocates Prateek Tewari, Deepak Gupta, Govind Goyal, and AOR Tungesh appeared for the appellant. Advocates Bina Madhavan, S. Udaya Kumar Sagar, AOR Sweena Nair, and Advocate P. Mohith Rao appeared for the respondents.

Case title - Jatin Agarwal v. State Of Telangana & Anr.

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