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Synopsis

The Bombay High Court recently quashed a rape case against a man by mutual consent between him and the survivor and directed him to deposit Rs 5 lakh to the Advocates’ Association of Western 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 to quash the rape case by mutual consent.

The alleged incident occurred on May 21, 2023, when, under the influence of alcohol, the victim accompanied the accused and was subjected to sexual assault.

A First Information Report (FIR) was filed by the Khar Police, and the accused was later granted anticipatory bail by the sessions court.

After the man approached the high court to quash the FIR, the complainant also gave her consent to quash the case.

The high court, in its order, recorded that the complainant’s friend had given a statement that the victim voluntarily went with the accused.

“The statement of one of the witnesses indicates that she is a friend of the victim. She had accompanied the victim and accused. She left their company. The victim did not join her and chose to accompany accused. She also referred to the conversation between her and the accused which indicates that the victim did not return home immediately. The victim intended to give excuse for being out by alibi. The statements of other witnesses were also recorded. The material on record would indicate that the victim was in the company of accused. She volunteered to do so. The relationship was apparently consensual,” the court noted.

Case title: Dr. Nilesh Nandkishore Pund vs State of Maharashtra