The Bombay High Court recently quashed a rape case on the condition that the accused and the alleged victim shall extend social service for 6 months.

The bench of Justice Prasanna B. Varale and Justice S. M. Modak directed the Applicant and the alleged victim to obtain certificates from the respective institutes [where they have been directed to extend social services] having rendered community service satisfactorily for the period of six months.

The case was registered at the instance of the victim on a complaint made by her in March 2020, however, later on, in Feb 2022, she filed a NOC affidavit saying that she lodged the complaint due to the compatibility issue and misunderstanding between herself and the accused-applicant.

She further said that now both of them have agreed and resolved their disputes and hence a plea was moved before the Court for quashing the FIR by consent.

In her NOC affidavit, she stated that both of them were once seeing each other for marriage prospects and they developed romantic feelings and this eventually led to sexual encounters between them.

However, over a period of time, the victim came to realize that they both are highly incompatible and it would be unwise for them to get married. Therefore, she conveyed her decision to not take the relationship ahead. That caused a dispute between them and thereafter, the applicant/accused showed some intimate pictures to the family of the girl and therefore, the victim admitted that in a fit of anger, she lodged the impugned FIR against the Applicant.

However, later the alleged victim married someone else and started living a content life. Therefore, the Applicant and the alleged victim decided to put an end to the case and move ahead with their lives.

Taking into account the facts of the case, the Court allowed the Criminal Application seeking to quash the case subject to the condition that the Applicant-Accused shall extend social services every fortnight i.e., on every 2nd and 4th Saturdays of each month for a period of 6 months at Baal Welfare Children Trust in Chembur.

On the other hand, alleged victim was directed to extend social services every fortnight i.e., on every 2nd and 4th Saturdays of each month for a period of 6 months at Maru Ghal, Gorai, Borivali (W).