Subsequent marriage between man & woman does not waive off offence of rape

Subsequent marriage between man & woman does not waive off offence of rape

Gaurav Vs State of NCT of Delhi

Delhi HC

28/07/2021

W.P.(CRL) 1378/2021

About/from the judgment:

The High Court recently refused to quash an FIR involving rape charges against a man after observing that subsequent marriage between a man and a woman does not waive off the offence of rape.

The Court dismissed the petition filed by a man seeking quashing of FIR registered under sec. 376 (punishment for rape) and 506 (Punishment for criminal intimidation) of IPC after observing thus:

"Subsequent marriage between the petitioner and respondent No. 2 does not waive off the offence as alleged by the complainant committed earlier and offence punishable under Section 376 IPC being a serious offence, the FIR in question cannot be quashed on the basis of compromise between the parties."

It was the case of the petitioner that the woman had lodged the FIR in a confusion that he committed forcible sexual penetrative assault on her after taking her in a room at a Hotel.

The allegation against the man was that that despite her refusal and stating to him that she would engage in physical relations only after marriage, the petitioner committed rape on her.

The ground raised by the petitioner to quash the FIR was that they both were living together since marriage.

"This Court thus finds no ground to quash the FIR in question. Petition is dismissed." The Court said.

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