SC issues notice to Delhi Police on plea filed by man seeking quashing of rape charges
Aug 20, 2020
New Delhi [India], Aug 21 : The Supreme Court on Thursday issued notice to Delhi Police on a plea filed by a husband seeking quashing of rape charges levelled by his wife prior to the marriage.
A Bench of Justice AM Khanwilkar also put a stay on the trial of the case pending in sessions court while hearing husband's plea challenging the Delhi High Court order whereby it had refused to quash FIR against the husband.
"There shall be a stay of further proceedings in sessions case pending before the Additional Sessions Judge, Saket Courts, New Delhi," the order of the apex court stated.
The Delhi High Court had refused to quash the FIR registered in 2013 by the woman against her live-in partner after she levelled rape charges.
The woman had registered an FIR alleging that she was deceived by the accused who had established sexual relations on the false promise of marriage. While the probe was on, the couple, who was earlier in a live-in relationship that went sour, got married in 2014.
Later, the couple approached the High Court which refused to quash the FIR.
Aggrieved by the High Court's order, the man approached the Supreme Court saying the High Court has failed to appreciate that refusal to quash the proceedings in such cases would not only render settlement arrived at by the parties wholly nugatory but also adversely affect the peace and harmony between the parties and their future lives.
The plea before the top court said the High Court has failed to appreciate that consensual intercourse on the false promise of marriage amounting to the offence of rape cannot be equated with the offence of rape which is committed forcefully against the will and without the consent of the victim.
The plea also said that the High Court has failed to appreciate that the ends of justice shall be defeated by declining to quash such proceedings when the victim has herself tied the knot with the accused and does not wish to pursue the case or wishes to withdraw the same especially since all such disputes arise only since the accused does not marry the victim in the first place, it added.
The plea in the apex court against High Court order was filed by advocates Nishaank Mattoo, Abhishek Bharti and Shivika Singh and was argued by Senior Advocate Siddharth Dave.
