Punjab & Haryana HC Does It Once Again: Quashes Rape Case On Marriage Between Victim And Accused [Read Order]
The Punjab and Haryana High Court has yet again quashed an FIR alleging rape on the ground that the victim and the accused have married and are residing together happily.
Justice Jaishree Thakur referring to the compromise, observed: “As per the terms of the compromise, the parties have solemnized marriage with each other and they are now residing together as husband and wife happily, hence, it would be in their welfare if the present FIR is quashed.”
The complainant even though stated that she was in love with the boy and they promised to marry each other, had alleged in the complaint that the accused called her at his home where he was alone and forcibly made physical relations with her. She had also alleged that she was taken to Vaishno Devi Temple where he made her obscene movie and threatened her to upload on the internet.
This order quashing the FIR alleging rape is apparently against the spirit of order of the apex court in State of MP v Madan Lal, wherein it held that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of.
Similar orders by Punjab and Haryana HC
Prior to this order of apex court, the Punjab and Haryana High Court had held that FIR alleging rape, during subsistence of love affair between couples, can be quashed on the basis of compromise and subsequent marriage of the couple.
However, the high court, in another judgment, delivered after the apex court passed the order in Madan Lal case, had quashed the FIR under Sections 376/506/120B of Indian Penal Code, against five persons on the ground that the matter has been compromised, also taking account of the fact that one of the accused married the victim.
Similar orders by other high courts
The Gauhati High Court had also quashed criminal proceedings against a ‘rape accused’ who later married the ‘victim’ observing that chances of conviction in the case is bleak in view of the compromise between the parties and marriage. Live Law had also reported a Delhi High Court order that the court had reduced sentence of rape convict to period already he underwent in custody, because he married the victim. The Madras High Court order, which it later recalled (in view of the apex court judgment), suggesting mediation in a rape case, had created huge outrage across the country.Read the Order Here