Rape charge can’t be quashed even if accused married victim: Delhi High Court

New Delhi: The Delhi High Court has declined to quash rape charge against a man, who is now married to the alleged victim, observing that it is an “offence against society”.

Justice Pratibha Rani passed the order on a man’s plea seeking quashing of an FIR lodged against him for repeatedly raping a woman, hurting and criminally intimidating her.

The court said, “In view of settled legal position…, the criminal proceedings emanating from an FIR registered with allegations of rape, which is an offence against society, despite the alleged marriage of the man with the complainant woman, cannot be quashed in exercise of powers vested in this court under CrPC.”

The accused, who is out on interim bail since May 20, had urged the high court to quash the case against him on the ground that the physical relationship between him and the woman were consensual since the beginning and that they had tied the knot in May this year.

Contending that the case registered in November 2016 was frivolous and was a result of a misunderstanding, he demanded that it be quashed.

As per the prosecution, the two had been in a relationship since 2005. However, the relation was opposed by their families on caste consideration, after which the man married someone else in July 2012. Later he divorced his wife in 2015 and again came close to the woman.

He established physical relationship on promise to marry her but again backed out, which prompted the woman to file a rape case against him.

The court, however, noted whether the mere fact that the parties have allegedly got married should be a reason good enough to quash the rape charges. On appreciation of several precedents, the high court answered this question in the negative and dismissed the plea.