'Had Physical Relations Out Of Their Own Free Will': Court Junks Rape Case

The Madhya Pradesh High Court has quashed a rape case registered on the complaint of a woman against a man, observing that the two were in a relationship for over 10 years out of their "own free will".

In his order of July 2, Justice Sanjay Dwivedi also observed that the matter appears to be an abuse of process of law.

As per the order, the woman and man are well-educated persons and had physical relations out of their "own free will" for over 10 years. They broke up after the man refused to marry her, it noted. However, it does not mean that a rape case could be registered against the petitioner (man), the court said.

"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 court said.

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

The man was booked for rape and other charges by the Police Station Mahila Thana in Katni district in November 2021. He eventually moved the HC for relief. 

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