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While quashing the case, the bench noted that the relationship between them had gone sour and that the complainant stayed with Thatte of her own will and with her parent's permission
The Bombay High Court has recently quashed a rape case filed against a lawyer, noting that the case was filed as the relationship turned sour.
A division bench of the high court comprising Justice Bharathi Dangre and Justice Manjusha Deshpande was hearing Tapan Thatte, who was booked for rape and criminal intimidation.
Thatte and the complainant knew each other from school. However, they came into contact in January 2020. The complainant moved to India with her child after marital discord with her husband. She later approached Thatte for help in getting a divorce.
Later, the complainant alleged that Thatte took advantage of her emotional state and had sexual intercourse with her against her will.
Thatte argued that the relationship was consensual and that she also moved in with her parent's permission. He contended that she stayed with him for several months without any resistance.
While quashing the case, the bench noted that the relationship between them had gone sour and that the complainant stayed with Thatte of her own will and with her parent's permission.
“On bare perusal of FIR itself, it is more than clear that while the Petitioner was still married but she established relationship with the Petitioner for a considerable period of time. She also chose to with him on her own free will as well as with the permission of her family. It is not merely a case of relationship having gone sour, but even financial transactions appear to have gone wrong,” the order reads.
Furthermore, the bench noted that it would amount to an abuse of the process of law if such proceedings were allowed to be continued.
“From the complaint itself, it is evident that, the Petitioner and the Respondent No.2, being two consenting adults had indulged in a relationship, which is gone wrong and sour, as a result the respective parties have filed criminal proceedings against each other. If the criminal procedures are allowed to be continued it is not likely to result in conviction. Therefore, it would amount to abuse of process of law if such proceedings are allowed to be continued,” the order states.
Case title: Tapan Anant Thatte vs State of Maharashtra
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