Delhi High Court Quashes Rape FIR Against Husband

The Delhi High Court has quashed an FIR registered against a man for the alleged rape of his wife before the solemnisation of marriage between them, saying that no useful purpose would be served by keeping the case alive as both the parties were now living happily as husband and wife. Justice Talwant Singh stated that although the parties were and are in love with each other, certain disputes arose between them which led to the filing of the FIR and the man consequently remaining in jail for seven days immediately after the wedding.

No useful purpose will be served by keeping present FIR alive as both the parties are living happily as husband and wife and apart from a technical approach, this Court has also to take a humanitarian approach and to do complete justice, this Court exercises its power under Section 482 Cr.P.C. and hereby orders for quashing of FIR .. under Sections 376/328 IPC registered at PS Ranjit Nagar, Central Delhi and the proceedings emanating therefrom including the charge-sheet dated 14.03.2022 filed in the concerned court, said the court in its order dated May 24.

In the present case, there was a love affair between the petitioner, a doctor, and his now-wife, a lawyer, for more than two years and the proposal of marriage was also acceptable to both the families. However, certain differences arose between the parties and the woman filed the present FIR against the petitioner in November 2021 on the allegation that he had made physical relations on the promise of marriage on a number of occasions.

The parties subsequently got married in December 2021. The petitioner told the court that talks for marriage were already going on but in the meantime, the FIR was lodged against him due to certain reasons, and keeping the same alive would disturb the peaceful matrimonial life of the parties.

This is not a case where the physical relations were made forcibly by the petitioner and promised to marry under the fear of being prosecuted, he said. The court was informed that the dispute between the parties has already been amicably settled and the wife did not wish to pursue any proceedings.

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