Bombay High Court quashes rape case by mutual consent, asks man to pay Rs 5 lakh

The Bombay High Court recently quashed a rape case against a man on the mutual consent of the man and the survivor and directed him to deposit Rs 5 lakh with the Bar Council of West India within four weeks.

A division bench of the high court, comprising Justice PD Naik and Justice NR Borkar, was hearing a petition filed by the man seeking quashing of the rape case by mutual consent.

The incident allegedly occurred on May 21, 2023, when the victim accompanied the defendant under the influence of alcohol and was sexually assaulted.

The Khar police filed a first information report (FIR) and the accused was later granted bail by the court.

After the man moved to the High Court to have the FIR dismissed, the complainant also agreed to have the case dismissed.

The high court recorded in its order that the complainant’s friend gave a statement stating that the victim voluntarily traveled with the accused.

“The testimony of one of the witnesses indicated that she was a friend of the victim. She accompanied the victim and the defendant. She left their company. The victim did not join her but chose to accompany the defendant. She also mentioned that there was a relationship between her and the defendant The conversation revealed that the victim did not return home immediately. The victim intended to use her alibi to excuse her absence. Statements of other witnesses were also recorded. The material on record indicated that the victim was with the accused. She did so voluntarily . The relationship was clearly consensual,” the court noted.