The Apex Court granted eight-week protection to rape-accused in a false marriage promise case. A FIR had been filed against the accused and allegations of rape on pretext of marriage were levied.
In response to this, the petitioner approached the Apex Court and sought for quashing of FIR on ground that he and the woman had been cohabiting and maintained consensual sexual relationships.
The petitioner also stated that the said FIR was lodged since he and the woman were no more in good terms.
The counsel on behalf of respondent, submitted that the petitioner and woman stayed together because the former promised to marry the woman. The counsel also submitted that petitioner physically abused the woman by brutally beating her and showed medical reports for the same.
The petitioner’s counsel stated that the raised allegations were not sufficient to build-up a rape case. The counsel also stated that woman had done the same with two other persons and is habituated.
This matter came as SLP before the Apex Court as the Allahabad High Court refused to quash the FIR under Section 482 of CrPC. The Allahabad HC stated that it could not be said that the allegations are not cognizable in nature. The bench held that the petitioners had been involved in serious offences and thus refused to quash the FIR.
The bench, however, was not inclined to quash the FIR. Subsequently, the bench permitted the petitioner to withdraw the petition and seek discharge. The bench also stayed his arrest for eight-weeks.
It is pertinent to note that India is yet to draft legislations for marital rape as the name are not reflected in the Indian Penal Code. Bunch of petitions have approached the judiciary but none managed to pull out exception to Section 375 of IPC which legalises marital rape.