Rape Case Filed by Woman After 10-Yr Relationship Quashed by Madhya Pradesh High Court

Bhopal: A rape case filed against a man on a woman’s complaint was quashed by the Madhya Pradesh High Court as it observed that the two were in a relationship for more than 10 years out of their “own free will”.

In his order of July 2, Justice Sanjay Dwivedi of the Madhya Pradesh High Court termed the matter to be an abuse of the process of law.

The man was booked for rape and other charges at the Mahila Thana police station in Katni district in November 2021.

As per the HC order, the woman and the man are well-educated persons and had physical relations out of their “own free will” for more than 10 years. They broke up after the man refused to marry her.

“In my opinion, as per the factual circumstances, as have been narrated by the prosecutrix (woman) in her complaint and also in her statement of 164 CrPC, this case cannot be considered to be a case of rape as defined under Section 375 of IPC (Indian Penal Code) and the prosecution is nothing but appears to be an abuse of process of law,” the judge said.

In this matter, even IPC section 366 (inducing a woman to compel her for marriage) is not made out against the man, the court said.

“Therefore, the offence under Section 366 of IPC registered against the petitioner at the later point of time is also liable to be quashed,” it said.