Mumbai: The Bombay High Court has quashed an FIR for rape and consequent proceedings against a man (26) from Assam with the consent of his ex-girlfriend (27), who intends to return to her native state, Meghalaya, to continue her studies.Justice Ashwin Bhobe on March 9 said “no purpose would be served by continuing the criminal proceedings. It would only cause prolonged distress for all concerned, especially the respondent (woman).”According to the FIR, both worked for a BPO company in Pune and lived together since September 2023. The woman was subjected to mental and physical harassment. Her partner assaulted her several times, including when she revealed she was pregnant. He took her to a clinic, where the pregnancy was terminated. Further assaults led her to leave Pune in July 2024. The FIR was registered in Aug 2024, including for repeated rape, causing miscarriage and criminal intimidation. Chargesheet was filed in Nov 2024. The man was released on bail in December 2024. He moved the HC stating that with the intervention of elders, they have amicably resolved the matter and the woman on Feb 5 gave her no objection to quashing the criminal proceedings. His advocate, Ganesh Gupta, and the woman’s advocate, Harshad Dengale, said misunderstandings led to the woman filing the criminal complaint. Both experienced “stress and suffering”. Prosecutor Tanveer Khan insisted on imposing costs on the man for quashing the criminal proceedings.Justice Bhobe noted the woman’s Feb 5 consent affidavit “is filed out of her own free will and without any pressure or coercion from any person.” He considered her statement “that she intends to leave her past behind to lead a peaceful life, pursue further studies ( i.e., a Master in Political Science) and does not wish to continue the criminal proceedings” as also her no objection in the affidavit. Therefore, in the peculiar facts and circumstances of this case, “to secure the ends of justice,” Justice Bhobe quashed the FIR and chargesheet subject to payment of Rs 1 lakh costs as “a condition precedent.” It directed him to pay Rs 1 lakh costs to NGO Deepstambh Foundation, Delhi, within two weeks.
