Nagpur Bench of Bombay High Court quashes false rape and dowry case against would be husband
In a recent passed judgment (NC: 2024-BHC-NAG:5513-DB) the Nagpur Bench of Bombay High Court quashed false rape and dowry case filed against the would be husband and his family members.
The Bench of Hon’ble Justice Vinay Joshi, J. and Hon’ble Mrs. Vaishali V. Joshi, J. pronounced the judgment.
The factual matrix of the case discloses that the complainant and the applicant were family friends and their became friends on a social media platform in November 2021 and their intimacy grew and turned into a love affair; having intimate relations. Both of them informed their families about their love relations and they got engaged in November 2022 and marriage date was fixed for May 2023.
During wedding talks some dispute arose regarding clothings to be worn at the time of marriage there were hurling of abuses and beatings involved and this turned the relations between them sour and the marriage was called off.
The appellant went to the police station to lodge complaint but police gave them understanding keeping in view of their close relationship and they returned back. But when the complainant came to know she lodged the FIR and alleged that there were demands made for dowry and rape against the applicant and the case was registered.
The Court held that it is admitted fact that there was love affair between the applicant and complainant and the date of marriage was fixed but due to some disputes between both the families the marriage was not performed hence the sexual relations established are of consensual nature.
Answering the question as related to the dowry demands the Court observed that the applicant purchased the gold jewellery and ornaments of which receipts are placed on record hence the case against Section 3 of the Dowry Prohibition Act are not made out against the applicants.
The Court has quashed the charge-sheet and the FIR registered and all related proceedings are dropped against the applicants and his family members.