The Himachal Pradesh High Court recently dismissed a rape case upon learning that it was falsely filed, allegedly driven by personal animosity and external pressure from individuals opposed to the relationship between the accused and the purported victim.
Additionally, the Court was apprised that the alleged victim and the accused had already formalized their marriage even prior to the initiation of the criminal proceedings, and that the couple had a child together outside of wedlock.
Considering these circumstances, Justice Ranjan Sharma expressed the view that allowing the criminal case to proceed would only serve to besmirch the reputation of the woman purported to be the victim and inflict irreparable hardship not only on the couple but also on their child.
The Court was addressing a petition filed by the accused seeking the dismissal of the rape case lodged against him. The charges leveled against him encompassed Section 376 of the Indian Penal Code (IPC) and Section 4 of the Protection of Children from Sexual Offenses Act, 2012 (POCSO Act).
The accused man informed the court that certain individuals were dissatisfied with his relationship with his partner, prompting the filing of the rape case in 2023. However, it was disclosed to the Court that the issue had been resolved amicably following intervention by the woman (alleged victim) and the man's family. To ascertain the validity of these assertions, the Court solicited the woman's response. She appeared in person and corroborated the submissions made by the accused man.
The Court duly considered the woman's statement indicating her current contentment in her marriage to the accused, emphasizing his impeccable conduct. Additionally, her father echoed this sentiment. Furthermore, the individual who initially filed the complaint also endorsed the dismissal of the rape case. Taking all these factors into account, the judge reached the conclusion that persisting with the proceedings against the accused in the rape case would yield no beneficial outcome.
The Court proceeded to quash the rape case.
"This Court, in peculiar facts of this case interdicts and renders the FIR and the consequential criminal proceedings as inoperative for all intents and purposes, qua the petitioner," the April 3 judgment stated.
Advocates Manoj Pathak and Harsh Shroal appeared for the petitioner (accused man).
Deputy Advocate General Ajit Sharma represented the State.
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