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Synopsis

The Bombay High Court has recently imposed a fine of Rs 25,000 on a woman who first filed an FIR for rape against a man, alleging forceful termination of pregnancy, but later gave her consent to have the FIR quashed.

In 2017, the woman filed a complaint against Sandip Patil and his family, including the doctors, accusing them of terminating her pregnancy.

As a result, the accused were booked under the Indian Penal Code and the Medical Termination of Pregnancy Act.

The woman said she met Patil while her earlier divorce petition was pending before the Family Court. She further asserted that Patil had promised her marriage, and for this reason, she entered into a physical relationship with him.

She alleged that Patil and his family had assaulted her and coerced her into terminating her pregnancy twice, once in Solapur, Maharashtra, and the second time in Karnataka.

The division bench of the high court comprising Justice Anuja Prabhudesai took on record the affidavit filed by the complainant that stated that the relationship with the accused was consensual.

“Respondent No.2 has filed her affidavit stating that the relationship with Petitioner No.1 was consensual and that she had taken a conscious decision to abort the pregnancy since she was not legally married. She claims that she is already married to another person and has a child and is living a peaceful family life. She has accorded her consent to quash the FIR and all consequent proceedings,” the order reads.

The division bench also recorded that a consensual physical relationship between two adults does not constitute rape within the meaning of section 375 of IPC.

“The allegations made in the FIR and the other material on record, even if accepted in their entirety, reveal that the physical relationship between the Petitioner No.1 and Respondent No.2 was consensual. The Respondent No.2 had indulged in sexual relationship with the Petitioner No.1 during subsistence of her marriage. Hence, the consent is not vitiated due to misconception of fact. Suffice it to say that consensual physical relationship between two adults does not constitute rape within the meaning of section 375 of IPC,” the order states.

Therefore, the court proceeded to impose Rs 25,000 fine on the complainant and directed her to deposit it with the Tata Memorial Hospital within two weeks.

Case title: Sandip Sundarrao Patil Ors vs State of Maharashtra & Anr