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Synopsis

The Supreme Court has come as a saviour for a woman who once lodged a rape FIR against a man and his two brothers under family pressure, as they opposed her love marriage with him. The court quashed the criminal proceedings after noting that she has now remarried the man and is the mother of his child.

A bench of Justices M M Sundresh and Rajesh Bindal took note of an affidavit filed by the complainant before the high court, which clearly stated that she was not willing to prosecute the matter and had completely retracted her earlier statement.

We have also been informed that the complainant has since (re)married the appellant No 3 being accused No 1 and also has a child with him. In such view of the matter, continuing the criminal proceedings would amount to a travesty of justice," the bench noted.

Court allowed the appeal after hearing advocates Balaji Srinivasan and Vishwaditya Sharma on behalf of the petitioners, who were aggrieved by the Bombay High Court's July 4, 2023 order declining to quash the criminal proceedings.

The high court had not only rejected their plea to quash the FIR registered under Sections 376-D, 385, 420 and 34 of the Indian Penal Code, and Section 67(a) of the Information Technology Act, 2000, but had also directed that the investigation be conducted by an IPS officer.

Petitioners Parul and Akash, originally from Uttar Pradesh, were childhood neighbours who fell in love despite being aware that their families would disapprove. Over time, Akash moved to Thane for work, while Parul visited her brothers in Kalamboli.

On November 15, 2018, the couple got married as per Vedic rites at Ganpati Sabhagruha, Bandra (E), Mumbai, privately and without informing their families. However, they decided not to live together until they had their families’ blessings and continued residing separately, trying to gain their approval.

On November 12, 2021, the girl’s family vehemently opposed the relationship and subjected her to severe restrictions, causing emotional distress and breakdown.

In response, Akash filed a plea for restitution of conjugal rights before the Family Court at Bandra, Mumbai.

However, on December 31, 2021, after the girl’s family received a court notice, her brothers allegedly forced her to file a false complaint.

Subsequently, as negotiations for settlement were ongoing, the girl’s brother assured her that the complaint would be withdrawn if the couple got a divorce. On July 25, 2022, Akash amended his petition, seeking divorce by mutual consent instead of restitution of conjugal rights. Parul too filed an affidavit seeking dissolution of the marriage.

Considering the settlement, the Family Court at Bandra dissolved the marriage on August 26, 2022.

Still in love with Akash, Parul ran away from her home and remarried him on December 28, 2022, at Shri Adarsh Vivah Karyalaya, Thane.

Since then, the couple has been residing in their matrimonial home, the plea stated.

Taking note of the developments, the Supreme Court quashed and set aside the high court's order.

Case Title: Paruldevi Akash Chaurasia & Ors Vs The State of Maharashtra