Delhi HC quashes rape case against man arrested on his wedding day in FIR lodged by would-be wife

Sonal Bhargava | Edited By Prabhat Bandhulya

Case Title: AK v. State & Ors

Justice Talwant Singh felt fit to take a humanitarian approach to the issue, emphasising that keeping the lawsuit alive served no purpose. The petitioner and respondent were in a relationship. Their parents had been informed of their situation and had agreed to marry them. However, certain disagreements ensued, prompting the respondent woman to file a complaint against the petitioner. The basis for initiating the case was that the petitioner had engaged in physical intercourse with her on several occasions on the promise of marriage, and then ceased talking to her. The pair eventually married in December 2021, but the man was arrested on the day of the ceremony. The man returned to his job after being released on bail, only to find out that he had been fired due to his time in jail. The parties then worked out a compromise agreement, with one of the specifics being the attempt to get the FIR annulled. The petitioner argued in front of the High Court that physical contacts were not forced or that he pledged to marry the complainant out of fear of being prosecuted. After hearing the arguments, Justice Singh cited a ruling by a Delhi High Court coordinate Bench that had quashed the FIR in a similar case. It was noted that, in addition to Section 376 of the Indian Penal Code, Section 6 of the Protection of Children Against Sexual Offenses Act was introduced in the other instance. The Court thus quashed the FIR and disposed of the petition.