HC dismisses rape case as the victim was in ralationship

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HC dismisses rape case as the victim was in ralationship

Wednesday, 10 July 2024 | Staff Reporter | BHOPAL

The Madhya Pradesh High Court has dismissed a rape case filed by a woman against a man, noting that the two had been in a relationship for over 10 years and had physical relations out of their "own free will." In his order dated July 2, Justice Sanjay Dwivedi noted that the case appears to be an abuse of process of law.

According to the order, the woman and man are well-educated individuals who had a consensual physical relationship for over 10 years. They ended their relationship after the man refused to marry her. The court stated that this does not justify registering a rape case against the petitioner (man).

“In my opinion, as per the factual circumstances, as have been narrated by the prosecutrix (woman) in her complaint and also in her statement of 164 CrPC, this case cannot be considered to be a case of rape as defined under Section 375 of IPC (Indian Penal Code) and the prosecution is nothing but appears to be an abuse of process of law,” the court said.

In this matter, the court said, even IPC section 366 (inducing a woman to compel her for marriage) is not made out against the man. “Therefore, the offence under Section 366 of IPC registered against the petitioner at the later point of time is also liable to be quashed,” it said.

The man was booked for rape and other charges by the Police Station Mahila Thana in Katni district in November 2021. He eventually moved to the High Court for relief.

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