MAN’S PLEA OF QUASHING RAPE CASE AGAINST HIM REJECTED

MUMBAI: The Bombay high court (HC) has turned down the plea of a 30-year-old resident of Ahmednagar district for quashing of rape case registered against him on the grounds that he had amicably settled the dispute with the complainant – his ex-girlfriend. The ex-girlfriend had alleged the man had forcible intercourse with her several times after promising to marry her, but had failed to do so.

The division bench of justice SS Shinde and justice RG Avachat rejected the applicant’s plea saying rape is not a compoundable offence and it is an offence against the society at large. It, therefore, said that it is not a matter to be left for the parties to compromise and settle. “It is true that the applicant and respondent number 2 (complainant) have settled the dispute,” said the bench, adding, “However, it is not possible to accept such alleged settlement and strike down the offence registered under Section 376 of the IPC (Indian Penal Code).

According to the complaint lodged by the 25-year-old woman, the applicant promised to marry her and had forcible intercourse with her several times, but avoided marrying her.

The woman filed a police complaint after the applicant decided to marry another woman, chosen for him by his family.

The police in Ahmednagar booked the applicant under sections 376 (rape), 420 (cheating) and 312 (causing miscarriage) of the IPC.

However, the woman now said that they have no complaint against each other after the settlement. Besides, she wanted to marry some one else and the engagement had actually taken place, but the criminal case was posing a hurdle in the marriage.