The Bombay High Court has imposed a cost of Rs 2 lakh each on both, the accused and the victim, while quashing a rape case against a man noting that the two, who were in a consensual relationship had settled the matter.
The two met in June 2020 in Delhi. Thereafter the woman moved to Kharghar in October 2020. The man started residing with the woman and her two children. However, their relationship soured after the man failed to repay Rs1.75 crore, which he had taken on the pretext of investing. The woman registered a case in April with Kharghar police station alleging that the man assaulted her children, blackmailed and threatened to make their intimate photos and videos public.
The man was arrested. He then approached the HC seeking quashing of the FIR. He contended that the relationship was consensual and the complaint was filed only when he failed to return the money. The woman informed the court that the matter was settled and filed an affidavit agreeing to quash the case as part of a settlement.
A bench of Justices Ajay Gadkari and Neela Gokhale took note of the fact that the complaint was filed on failure to repay the money. The court quashed the FIR while directing the man to pay Rs2 lakh to the Armed Forces Battle Casualties Welfare Fund within two weeks. The court also asked the woman, who recovered Rs 1.75 crore through the settlement, to pay Rs 2 lakh to the same fund.
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“It is made clear that, if the cost is not paid within the stipulated period as mentioned above, the Petition shall stand revived automatically and in that event, the trial Court shall proceed with the criminal proceedings expeditiously,” the court said.
