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Synopsis

A division bench of the Bombay High Court comprising Justice AS Gadkari and Justice PD Naik has recently quashed an FIR against a man who was booked for raping a girl. Court also directed the accused to pay a sum of Rs. 25000 to the Central Police Welfare Fund.

The high court was hearing a case wherein the accused was booked under the Indian Penal Code for raping the victim on the pretext of marriage and taking Rs. 4.39 Lakh from her. The accused had allegedly refused to marry the girl.

The victim filed three affidavits before the high court wherein she had admitted that due to the intervention of their common friends, family, and well-wishers, the parties, themselves had settled the matter amicably, so they can focus on their future careers. The victim on unequivocal terms had confirmed that she was not desirous of prosecuting the present crime further against the accused and she was consenting to quash said crime.

The court in its order noted,

“As Respondent no.2 has now consented for quashing of said crime with her free will and without any duress or coercion, we are inclined to quash the crime in question.”

After the quashing of the FIR, the advocate representing the accused informed the court that he will pay Rs.25,000 to the Central Police Welfare Fund within a period of two weeks. Therefore the court in its order recorded that the accused should pay a sum of Rs. 25000.

“We direct the Petitioner to pay cost of Rs.25,000/- to the Central Police Welfare Fund, Director General of Police, Maharashtra State, Mumbai within a period of two weeks from the date of uploading of the Order on the Website of High Court,” the division bench said.

Case Title: Tarun Pratapmal Lohar vs State of Maharashtra