'Law Is Dynamic, Must Adapt To Societal Realities': Rajasthan High Court Quashes Rape Case After Victim's Marriage With Accused

The Rajasthan High Court has observed that law of any civilized society is not definite, and it must change according to the demands and circumstances of the society.“Law and transformation is a unique concept which highlights the changes in social problems and their solutions through legal…Law not only lays down the norms that are acceptable to a given society, but it also lays down the norms regarding when the society should adapt and act in the interest of its own welfare.”The bench of Justice Anoop Kumar Dhand was hearing a quashing petition filed by a rape accused under IPC and POCSO, in light of his marriage with the now-major victim.It opined that crime of rape is the highest form of torture inflicted upon womanhood, and such cases should be handled by the Court with utmost sensitivity and high responsibility. However, at the same time, it also highlighted the victim's will and clear intention to lead a happy married life with the accused.In this light, it was held, “This Court is also well aware that the proceedings arising out of the offences, such as rape, cannot be quashed by exercising its powers under Section 528 of the BNSS, even if a compromise has taken place between the victim and the accused. However, at the same time, the Court cannot ignore or overlook the welfare so also the present and future life of the victim, who has entered into a registered marriage with the accused.”Referring to various precedents of the Supreme Court as well as High Courts that dealt with an identical situation, the Court held that the Indian Judiciary is considerate to the needs of social thinking. In this background, the Court observed that it could not ignore the reality and disturb the married life. It being a constitutional court had to mercifully protect the feelings and married life of the victim. And incarceration of the petitioner would disturb their family unit and cause harm to the victim and the fabric of the society. Accordingly, the petition was allowed, and the criminal proceedings against the petitioner were quashed. The Court gave a caveat that the ruling not be used as a precedent to quash an offence of rape only on ground of compromise between the victim and the accused. Title: F v State of Rajasthan & Ors. Citation: 2025 LiveLaw (Raj) 384Click Here To Read/Download Order

'Law Is Dynamic, Must Adapt To Societal Realities': Rajasthan High Court Quashes Rape Case After Victim's Marriage With Accused

Nupur Agrawal

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