Delhi High Court quashes rape case against man arrested on his wedding day in FIR lodged by would-be wife

The Delhi High Court recently quashed a first information report (FIR) lodged against a man who was accused of rape on the promise of marriage by his would-be wife, after noting that the couple had settled their disputes and were living happily [AK v. State & Ors]..Justice Talwant Singh saw it fit to take a humanitarian approach to the case, underlining that there was no purpose in allowing the matter to remain alive.“No useful purpose will be served by keeping present FIR alive as both the parties are living happily as husband and wife and apart from technical approach, this Court has also to take a humanitarian approach and to do complete justice...” the order stated..The petitioner and the respondent — a doctor and a lawyer respectively — were in a relationship. Their parents were aware of their status and had agreed to get them married. However, there arose some disputes owing to which the respondent woman filed a complaint against the petitioner. The reason for filing the complaint, it was stated, was that the petitioner indulged in physical relations with her on the promise of marriage on a number of occasions, and later on stopped talking to her.The couple eventually got married in December 2021, but the man was arrested on the day of the wedding. After his release on bail, the man went to his place of work, but learnt that he had been terminated owing to his time in jail. The parties then drew between themselves a comprise deed - one of the particulars being the endeavour to get the FIR quashed..Before the High Court, the petitioner submitted that it wasn’t a case where physical relations were made forcibly or that he promised to marry the complainant under the fear of being prosecuted.After hearing the arguments, Justice Singh referred to the decision of a coordinate Bench of the Delhi High Court which had quashed the FIR in a similar case. It was observed that in the other case too, apart from Section 376 of the Indian Penal Code, Section 6 of Protection of Children against Sexual Offences Act was added.“Even under those circumstances, a coordinate bench of this Court was pleased to quash the FIR, only with a view to save the marriage of the parties and keeping in view that both the parties were in love with each other. In the present case also, both the parties were and are in love with each other; the families of the parties were also ready regarding fixing the marriage,” the Court highlighted.The Court thus quashed the FIR and disposed of the petition..Advocates Shahid Ali, Mohd Sadiq, Anwar Khalil and Sameer appeared for the petitioner. Additional Public Prosecutor Meenakshi Chauhan represented the State..[Read Order]