(PER : VINAY JOSHI , J.):-
1. Heard.
2. ADMIT. The matter is taken up for final disposal by consent of learned Counsel appearing for the parties.
3. This is an application seeking to quash Criminal prosecution namely R.C.C. No.945/2022 arising out of First Information Report vide Crime No.935/2021 registered with Police Station Gittikhadan, Nagpur for the offences punishable under Sections 376 and 506 of the Indian Penal Code on merits as well as settlement.
4. The informant a married lady aged 37 years has lodged a report alleging the offence of rape. It is the informant’s case that the applicant is her childhood friend. They used to intermittently meet each other. The applicant assisted her in renewal of driving license as well as arranged to get her job in the Ashram School at Kalmeshwar. It is her contention that at the insistence of the applicant, daily she used to commute to the working place with applicant on his two wheeler. The informant stated that for the period of two years, all working days she used to reside in the house of the applicant whilst only on holiday she used to stay at her husband’s house with children. She alleges that during her stay, applicant used to express his love and by giving threats used to sexually exploit her. She stated that since the things gone unbearable, she informed the happening to her husband and then lodged the report. On the basis of report relating to cognizable offence, the police registered the crime, carried the investigation and filed final report. Yet the Trial Court has not framed charges.
5. It is the applicant’s contention that at the most it is the case of consensual relationship between two adults. The learned Counsel for the applicant would submit that for several years both were in relationship that too the informant was staying at his house for a couple of years and thus, it is difficult to hold that under threat she has been sexually abused.
6. We have been taken through some statements from which it is evident that for years they were living together. According to the applicant, the relationship was exposed, hence, at the behest of husband, she has lodged the report. The informant lady has appeared and filed reply/affidavit stating that the matter is settled and she do not wish to prosecute the case. More particularly, she stated that her husband is suffering from brain-stroke, children are taking education and thus, considering their future prospect she do not wish to go on with the prosecution. The informant is present, who is identified through her Counsel. She has stated that due to pendency of proceeding the entire family is under mental trauma and thus, to get rid of the things, she wanted to close the chapter and, thus, she is giving no objection.
7. Apart from no objection of the lady, we have assessed the entire material to find out whether prima facie case exists to go on with the prosecution. Undisputedly, the informant is 37 years old married lady at the time of the occurrence. She is having two grown up children. It is her own case that the applicant is her childhood friend and particularly for two years she used to stay at his house during all working days. Some of the statements also supports said contention of the informant that she used to live in the house of the applicant. It is highly improbable that for two years under threat, she has been sexually abused. It is not a case that the informant was kept in confinement, but daily she used to attend her duty for two years as well as on all holidays she was living in the company of her husband. The facts speak for itself and strongly support the submission made by the applicant about consensual relations. Besides that the informant herself has stated that she do not wish to go on with the prosecution.
8. The case has its peculiar facts that the lady is quite matured, grown-up 37 years of age, she is married and having two children, who are at the verge of majority. Both lived together for two to three years in presence of the family of the applicant. The submission made by the applicant that everyone was known about the relations seems to be probable, no prima facie case exists to hold that the consent of lady was obtained by deceitful manner i.e. by putting under fear of threat. In the circumstances, the continuation of prosecution amounts to abuse of the process of the Court.
9. In view of the above, the application is allowed. We hereby quash and set aside the criminal prosecution namely R.C.C. No.945/2022 arising out of First Information Report vide Crime No.935/2021 registered with Police Station Gittikhadan, Nagpur for the offences punishable under Sections 376 and 506 of the Indian Penal Code against the applicant only.
