Marriage More Than A Ritual, Holds Unique Cultural Significance: Rajasthan HC While Quashing Rape FIR After Accused And Victim Marry
While quashing a rape case based on marriage between the complainant and the accused, Rajasthan High Court remarked that marriage is a sacred and divine institution, transcending earthly matters and holding unique significance in culture.“Marriage is considered as sacred union between two individuals – transcending beyond physical, emotional and spiritual bonds. According to the ancient...
While quashing a rape case based on marriage between the complainant and the accused, Rajasthan High Court remarked that marriage is a sacred and divine institution, transcending earthly matters and holding unique significance in culture.
“Marriage is considered as sacred union between two individuals – transcending beyond physical, emotional and spiritual bonds. According to the ancient Hindu laws, marriage and its rituals are performed to pursue Dharma (duty), Artha (possessions), and Kama (physical desire). With such sanctity, marriage is more than a ritual, which cannot be allowed to be destroyed by continuing the criminal proceedings against the petitioner.”
The bench of Justice Anoop Kumar Dhand further clarified that the decision was given only based on the peculiarity of marriage between the complainant and the accused, and the same should not be seen as a precedent for quashing an offence of rape based on the fact that the victim and the accused reached a compromise.
It was alleged in the FIR that the complainant met the petitioner on social media, after which they became friends, and based on the petitioner's promise of marriage, developed physical intimacy.
However, after the complainant became pregnant, the petitioner gave her abortion pills assuring her of marriage, but then stopped talking to her. This led to filing of the FIR by the complainant.
Pursuant to registration of the FIR, the petitioner and the complainant solemnized marriage and hence the petition was filed seeking quashing of the FIR.
The Court referred to the Supreme Court cases of Appellants v State & Anr. and Jatin Agarwal v State of Telangana & Anr. in which the Apex Court had acceded to the petition of quashing FIR, in the offence of rape, in light of solemnization of marriage between the parties.
The Court highlighted the submissions by the complainant that she was leading a happy life with the petitioner and her in-laws after marriage, and did not intend to continue the prosecution.
In this background, the Court held that the Court could not shut its eyes to the ground reality and disturb the married life. It was opined that continuation of proceedings against the petitioner would hamper the marriage.
“Marriages are pious knots in which two people are tied, not only physically but also emotionally, mentally and psychologically... In other words, the act of marriage can be put as development of relationship which brings together two people, two souls, two families, two tribes and two races…This Court being constitutional Court must mercifully protect the feelings and married life of the respondent “K” who is a major lady.”
Accordingly, the FIR was quashed and set aside, with a caution that the decision shall not be taken as a precedent to quash an offence of rape on the ground of compromise being reached between the victim and the accused.
Title: J v State of Rajasthan & Anr.
Citation: 2025 LiveLaw (Raj) 152