[Rape on pretext of marriage] Supreme Court stays arrest of accused after accused and complainant enter into compromise to marry

The Supreme Court on Wednesday stayed the arrest of a rape accused after the Court was informed that the accused and complainant have entered into a compromise whereby they have decided to get married..A Bench headed by Chief Justice of India, SA Bobde granted ad-interim stay on arrest after recording the submissions of the petitioner’s counsel regarding the compromise..“The parties have entered into a Compromise signed by the couple and confirmed by the parents of accused; and further since the Compromise states that the petitioner and the complainant will get married, we are inclined to grant ad interim stay of arrest of the present petitioner,” the Court ordered..The Court also directed the petitioner-accused to implead the complainant as party to the case and listed the matter for hearing after 4 weeks.The petitioner had moved the Supreme Court challenging an order passed by the Punjab & Haryana High Court on November 25, 2020 rejecting his plea for anticipatory bail in relation to offence of rape registered against him under Section 376 of Indian Penal Code (IPC)..As per the allegations in the First Information Report (FIR), the complainant woman had gone to Australia for higher studies in 2016 where she met the petitioner-accused.She became friends with the complainant who offered for marriage. She, however, informed him that since she was from a Scheduled Caste family and appellant from a Jaat Sikh family, marriage would not be possible..The accused, however, convinced him that caste would not be a roadblock and established physical relations with her on the pretext of marriage.It was the allegation of the complainant that she initially refused to have a physical relationship but after many attempts, the petitioner by giving some intoxicant in food, violated her. In this process, the petitioner also took some objectionable photographs of the complainant without her knowledge, which was disclosed to her later on, the complaint further said..Later, when the complainant came to India, both stayed at a hotel at Amritsar and the petitioner again had sexual intercourse with the complainant promising marriage.Subsequently, the petitioner-accused backtracked from marriage claiming that his father was not consenting to the same since the complainant belongs to a Scheduled Caste community. .The High Court had denied anticipatory bail to the accused on the ground that the allegations against him are serious in nature.“Considering the serious allegations against the petitioner of committing rape on the victim on the pretext of performing marriage and then, extending threats of making the photographs viral which are in possession of the petitioner, the custodial interrogation of the petitioner is required,” the High Court had said dismissing the anticipatory bail plea.

[Rape on pretext of marriage] Supreme Court stays arrest of accused after accused and complainant enter into compromise to marry

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