High Court Quashes Rape Case After Victim Requests Dismissal Amid Family Crisis
Nagpur, India: The Nagpur Bench of the Bombay High Court has quashed a rape case against a 40-year-old man after the victim requested its dismissal. Justices Vinay Joshi and Vrushali Joshi made this ruling, considering the woman’s personal situation, which includes her husband suffering from a brain stroke, and her desire to avoid further legal stress.
Originally, the 37-year-old married woman had filed a complaint under sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code, alleging that her childhood friend had exploited her sexually over two years through threats made during her commutes and visits to his home.
However, during the proceedings, the woman expressed her wish to withdraw the case, citing the mental toll it was taking on her family. She emphasized the need to focus on her children's education and well-being. The court observed that the woman had stayed at the man’s home during the week for several years, suggesting that their relationship was more consensual than coercive.
Justice Joshi highlighted that the woman’s request to stop the prosecution was clear and voluntary. He stated, “Given the unique facts of this case and the informant’s desire to close this chapter for the sake of her family, we find that continuing the prosecution would be an abuse of the court’s process.” As a result, the court dismissed the criminal case filed at the Gittikhadan Police Station.
Advocate H.G. Katekar represented the accused, while Advocate A.A. Madiwale represented the State, and Advocate A.B. Mirza acted for the woman.
