Lawstreet Journal

SC Quashes Rape Case as Parties are Happily Married and Petition was Filed Due to Miscommunication [READ ORDER]

Lawstreet Journal 19 Apr 2021 9:06pm

Image courtesy: Lawstreet Journal Judiciary SC Quashes Rape Case as Parties are Happily Married and Petition was Filed Due to Miscommunication [READ ORDER]

The Supreme Court by its order dated April 12, 2021, quashed a rape case pending before it on a joint request by both parties to the petition.

The case came before the apex court in an appeal from the judgement of the Delhi High Court. In the original petition, it was alleged by the petitioner that the accused raped her with a false promise of marriage. 

The parties pleaded that the petition was filed due to a miscommunication and that they are now happily married. The parties asked the court to quash the petition under the inherent powers of the High Court under Section 482 of the Code of Criminal Procedure, 1973.

The High Court believed that the offence of rape like other offences like dacoity, murder etc did not only affect the individual parties but the society as a whole. On this reasoning, the High Court did not entertain the prayer of the parties.

The High Court observed that: "Rape not only causes serious injury to a woman's body, her honour and dignity and even if such an offence is settled by the offender and victim, this offence being not private in nature but has a serious impact on the society and, therefore, cannot be quashed."

On appeal before the Supreme Court, the matter was heard by a bench comprising Justices AM Khanwilkar and Dinesh Maheshwari. 

The appellant in the Supreme Court argued that the offence of rape committed by the promise of marriage is different from other forms of rape and is like a… Continue Reading...


Tagged: Supreme Court of India  
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