Bombay HC Quashes Rape Case On The Condition That Accused & Alleged Victim Shall Do Social Service For 6 Months

The bench of Justice Prasanna B. Varale and Justice S. M. Modak directed the Applicant and the alleged victim (Respondent No. 2) to obtain certificates from the respective institutes [where they have been directed to extend social services] having rendered community service satisfactorily for the period of six months.

The Court has made its order of quashing the FIR subject to Applicant-Accused and Respondent No. 2/alleged Victim producing the certificates from the concerned institutions and placing the same on the record of the Court within 9 months from the date of the order.

The background of the case

The applicant/accused was arraigned as an accused in a case registered in March 2020 for offence punishable under section 376(2)(N), 354, 354(D), 500, 504, 506 of IPC.

The case was registered at the instance of the prosecutrix/alleged victim on a complaint made by her, however, later on, in Feb 2022, she filed a NOC affidavit saying that she lodged the complaint due to the compatibility issue and misunderstanding between herself and the accused-applicant.

She further said that now both of them have agreed and resolved their disputes amicably and hence a plea was moved before the Court for quashing the FIR by consent.

Significantly, in her NOC affidavit, she stated that both of them (accused-victim) were once seeing each other for marriage prospects and they developed romantic feelings and this eventually led to sexual encounters between them.

However, over a period of time, the victim came to realize that they both are highly incompatible and it would be unwise for them to get married and therefore, she conveyed her decision to not take the relationship ahead and which caused a dispute between them.

Thereafter, the Applicant/accused showed some intimate pictures to the family of the girl and therefore, the victim admitted that in a fit of anger, she lodged the impugned FIR against the Applicant.

However, in the time that passed by, the alleged victim married someone else and started living a content life. Therefore, the Applicant and the alleged victim decided to put an end to the case and move ahead with their lives.

Against this backdrop, taking into account the facts of the case, the Court allowed the Criminal Application seeking to quash the case subject to the condition that the Applicant-Accused shall extend social services every fortnight i.e., on every 2nd and 4th Saturdays of each month for a period of 6 months at Baal Welfare Children Trust in Chembur.

On the other hand, Respondent No. 2/alleged victim was directed to extend social services every fortnight i.e., on every 2nd and 4th Saturdays of each month for a period of 6 months at Maru Ghal, Gorai, Borivali (W).

"The Applicant and Respondent No. 2 shall report to the Head of the respective institutions with a copy of this order. The Investigating Officer shall forward a copy of this order to the respective institutions. The Head of the respective institutions shall allocate appropriate works/services to the Applicant and Respondent No. 2 in their respective institutions, which will be performed/rendered by the Applicant and Respondent No. 2 as part of community service," the Court further directed.

Citation: 2022 LiveLaw (Bom) 117

Appearances

Dr. Abhinav Chandrachud instructed by Premkumar Pandey appeared for the Applicants. J.P. Yagnik, APP, appeared for the Respondent – State.

Saurish Shetye instructed by Khushboo Pathak appeared for Respondent No. 2/alleged victim.