'Merely Because A Man Is Known To Woman, Wouldn't Give Him License To Commit Rape': MP High Court Refuses To Quash FIR

While dismissing an application for quashing of rape FIR against a man, the Madhya Pradesh High Court said that merely because a man is acquainted to a woman, it would not give him a 'license' to commit rape.A single judge bench of Justice Gurpal Singh Ahluwalia observed, “The prosecutrix in her F.I.R. has specifically stated that applicant was known to her for the last 3 years. therefore, the photographs, which have been relied upon by applicant corroborates the contention of prosecutrix that applicant is known to her. Merely because if a man is known to a woman, would not give a license to man to commit rape.”The applicant sought quashing of FIR lodged for offences under Section 64(1) (Punishment for Rape), 296 (Obscene acts and songs), 351(2) (Criminal Intimidation) of BNSS and certain provisions of SC/ST (Prevention of Atrocities) Act, 1989.As per the FIR, when the prosecutrix was going towards the field, the applicant stopped her and tried talking to her and when she refused to talk to him, then he forcibly took her to a field situated behind his house and committed rape on her. The FIR further states that he abused her filthily and humiliated and insulted her by calling her by her caste name and also threatened that in case if incident is narrated to anybody, then he would kill her.The counsel for the applicant contended that the FIR was lodged belatedly, after two months from the alleged incident. It was further contended that the prosecutrix was known to applicant, which is evident from photographs placed before the Court. Therefore, it is clear that prosecutrix herself was a consenting party, the applicant contended.The Court noted that the applicant was known to the prosecutrix. However, the Court opined that merely being known to a woman, doesn't give man the license to rape her. Further, with regard to the contention of delay in lodging FIR, the Court opined that the FIR cannot be quashed on the ground of delay.The Court referred to the judgement of Supreme Court in Ravinder Kumar and another Vs. State of Punjab wherein it was held that “It has to be remembered that law has not fixed any time for lodging the FIR. Hence a delayed FIR is not illegal.”The Court therefore refused to quash the FIR on ground of delay and dismissed the application.Case Title: Raghuraj Gurjar Alias Raju Versus The State Of Madhya Pradesh And Others, Misc. Criminal Case No. 15256 Of 2025Citation: 2025 LiveLaw (MP) 80Click Here To Read/Download Order

'Merely Because A Man Is Known To Woman, Wouldn't Give Him License To Commit Rape': MP High Court Refuses To Quash FIR

Anukriti Mishra

Tags