Man moves Supreme Court for anticipatory bail after wife revives her rape complaint filed against him before their marriage

A petition has been filed before the Supreme Court by a man seeking anticipatory bail after a rape case filed by his wife before their marriage was revived by her due to an alleged matrimonial dispute [Dr Javed v State of UP]..A bench of Justices BR Gavai, Vikram Nath and Sanjay Karol on Monday sought the Uttar Pradesh government's response to the plea. The petition was filed challenging an order of the Allahabad High Court refusing to grant the petitioner-husband anticipatory bail in a rape case by his wife arising out of incidents which took place in 2011 and 2014, before the two were married. "The present case is a matrimonial dispute between the petitioner and respondent no.2. Respondent no.2 is the wife of the petitioner who had lodged FIR bearing no. 118/2015 against the petitioner for the same offence in the year 2015 and in the said case a final report was submitted as a result of the compromise between petitioner and respondent no.2 and in pursuant to the said compromise the parties got married and started living as husband and wife till date," the petitioner submitted..At the time the first complaint was registered, the couple had been in a live-in relationship for about four years and the respondent-wife had started pressurising the petitioner for marriage. It was his allegation that on his refusal, she threatened him with dire consequences and eventually lodged a First Information Report (FIR) for the offence of rape on the pretext of marriage..Being dragged into a false case, the petitioner said that he persuaded his family members for the marriage and the same was solemnised in 2015 as per Muslim rites. At the time, the respondent furnished an affidavit to the effect that she married the petitioner consensually and without pressure. She also stated that she was living happily, was completely satisfied and did not wish to pursue legal action. .The plea before the top court said that after the wedding, the couple lived cordially for the first two years but following this, the respondent became quarrelsome. She allegedly threatened the petitioner's family with false cases if he did not provide her with a separate accommodation. .Thereafter, she filed a complaint of rape relating to the same incident which was earlier settled between the two. The Chief Judicial Magistrate, Bareilly issued summons in the case. The respondent simultaneously also filed a case for maintenance. When a non-bailable warrant was issued against the petitioner, he moved the Sessions Court for anticipatory bail and the bail was refused. The Allahabad High Court also rejected the application for anticipatory bail leading to the present plea before the top court..The petitioner argued that the High Court failed to consider that the respondent had filed an FIR for the same offence in 2015 which was closed after a compromise between the two. .The plea was filed through advocate Md Rashid Saeed.