While holding that the prosecutrix has also filed FIRs against other men that point towards ulterior motive and malafide intention, the Madhya Pradesh High Court has quashed a rape case.

The Bench of Justice Vishal Dhagat observed, "There was long standing relationship between prosecutrix and petitioner. There is no allegation that there was false promise to marry. There is also FIR against other men by prosecutrix which shows that FIR has been lodged malafidely due to break in their relationship or for some other ulterior motives."

Advocate Sakshi Bhardwaj appeared for the Petitioner, Advocate Sandeep Kumar Sen appeared for the Prosecutrix along with GA Shweta Yadav.

In this case, the prosecutrix had lodged a written complaint against the Petitioner for the offences under Sections 376(2)(N), 506, 294, 323 of the IPC and Sections 3, 5 of the MP Dharmik Swatantrata Adhiniyam, 2021. The prosecutrix ran a beauty parlor and was known to the Petitioner for the last four years. It was further alleged that he called her for doing friendship and took her to a rented house and forcibly committed rape. It was also alleged that he had established physical relationship with her for last four years. Furthermore, she was threatened that if she will not establish physical relationship with him then he will kill her. She was so harassed by petitioner that she consumed Harpic. She also requested for taking action against petitioner/accused. Similar statement was given by her in her statement recorded under Section 164 of the Cr.P.C. She had stated that she got pregnant in love relationship however had a abortion twice. When she asked him to marry he used to tell that he will talk to his family members and when she again requested him to marry her he started beating her. It was submitted during one such assault he broke her leg.

The Bench on perusing the FIR, written complaint and statement of the prosecutrix recorded under Section 164 CrPC observed that it has not been stated in the written complaint that Petitioner promised to marry her and thereafter committed sexual intercourse with her. In this context, it was further observed -

"It was also not stated that he gave promise to marry the prosecutrix and thereafter established physical relationship with her. It was only stated that he took her to a house to talk to her regarding their friendship and has raped her. No complaint was made at that time and thereafter many times both of them established physical relationship. It has not been stated that during these time any promise of marriage was given to prosecutrix."

The Court noted that there has been a delay in lodging the FIR and there was a long standing relationship between prosecutrix and the Petitioner. Further, there was no allegation that there was false promise to marry.

The Bench also added, "There is also FIR against other men by prosecutrix which shows that FIR has been lodged malafidely due to break in their relationship or for some other ulterior motives."

Accordingly, the Court quashed the FIR and allowed the Writ Petition.

Cause Title: Mohd. Faheem Khan v. The State of Madhya Pradesh Through Principle Secretary of Home Deptt. Vallabh Bhawan, Bhopal (Madhya Pradesh) & Ors.

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Madhya Pradesh High CourtJustice Vishal DhagatRape Case

Gurpreet Kaur