The Bombay High Court has quashed a 2019 rape case against a 30-year-old Thane-based man, observing that the alleged victim had filed around ten First Information Reports (FIRs), including four for rape, and was in the habit of making false and baseless complaints. Justice R R Bhonsale, in a judgment delivered in February and made available on Friday, directed the Maharashtra Director General of Police to share details of the woman with all police stations in the state to ensure caution if she files any further rape cases.
Background of the Case
The accused had approached the High Court seeking quashing of an FIR lodged by the woman, who alleged that during a tour, the man proposed marriage within four days and forced himself on her twice, once abroad. She claimed he refused to marry her after ten days, prompting her to file the complaint. The accused's lawyer, Arjun Kadam, argued that the case was concocted and that the woman, who was twice married, had filed cases against both husbands in another state.
Court's Observations
The High Court noted that the woman had filed multiple FIRs, including at least four under Section 376 (rape) of the Indian Penal Code, with similar allegations in two of them. The court observed that the woman was not represented despite being served, and even a legal aid lawyer appointed for her remained absent. She was not ready to accept notice in person or through the local police station, and chose to remain absent for reasons best known to her.
The court further held that relations after a promise to marry do not amount to rape in every case. As per the Supreme Court, an offense of rape is attracted only when the promise to marry was made solely for intimacy with no intention from inception to fulfill the promise. The High Court termed this a classic case of malafide and malicious misuse of the process of law for personal benefit and quashed the FIR.
Directions to Police
The High Court directed police to strictly apply the law and conduct a preliminary inquiry before registering any crime from the woman in the future. The judgment aims to prevent misuse of legal provisions and ensure that false complaints do not harass innocent individuals.
