CHANDIGARH: The Punjab and Haryana high court has held that where allegations of rape emerged during the subsistence of love affairs between a couple, who subsequently ties the nuptial knot, compromise in the such cases could be allowed for quashing the FIR against the accused man.
HC passed these orders recently while allowing the petition of a boy who was charged of rape by the girl under pressure from her family members. Later, the girl had married the boy. “We are of the view that ultimate trial of such case would result in vacuum and continuance of criminal proceedings would have adverse effect on the matrimonial relation of the couple,” observed Justice Raj Mohan Singh while quashing the FIR in the rape case.
The couple (names withheld to secure their privacy) from Sunam town in Sangrur district was in love with each other and had runaway from their home. However, they were traced and a case against the boy was registered for rape by the family members of the girl on September 25, 2014.
Later, the family of the girl accepted their relation and the couple got married with the consent of both families in a gurdwara on September 28, 2014. The marriage was also registered under the Punjab Compulsory Registration of Marriage Act, 2012.
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Thereafter, the boy moved the high court seeking directions to quash the rape case against him, which was registered on complaint of the girl. On HC directions, both the boy and girl appeared before it and claimed to be married and living happily.
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“Had it been a case of 376 not arising out of matrimonial tie, this court would be reluctant to interfere and to rely upon any compromise but in this matter the allegations of rape have emerged during the subsistence of love affair between the couple. Continuance of criminal proceedings before the trial court would be an abuse of process of law. Ends of justice would be met if FIR and proceedings against the boy are quashed,” held the HC in its order last week.
