Bombay High Court quashes rape FIR on complainant's consent but imposes ₹25k costs on her

The Bombay High Court on September 20 imposed a cost of ₹25,000 on a woman who had earlier alleged that she was raped and compelled to terminate pregnancies twice, before the case was ultimately quashed on consent. [Sandip Sundarrao Patil & Ors. v. State of Maharashtra & Anr.].Justices Anuja Prabhudessai and NR Borkar also noted that even if the allegations in the first information report (FIR) were accepted in its entirety, the relationship between the parties appeared to be consensual."Complainant had indulged in a sexual relationship with Patil during subsistence of her marriage. Having gone through the records, in our considered view, the facts narrated in the FIR as well as other material on record even if accepted in totality, do not disclose any offence of serious and heinous nature," the Court observed in its order, which was uploaded on October 10. .Pertinently, the complainant woman also filed an affidavit indicating that she had no objection to the quashing of the FIR and stating that she had made a conscious decision to abort the pregnancy. "Complainant 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 Court observed. .In view of this, the court deemed it fit to quash the FIR and imposed a cost of ₹25,000 to be paid by the woman to the Tata Memorial Hospital within 2 weeks. .The woman had complained in 2017 that the petitioner, Sandip Patil, had raped her. She further alleged that his family members had compelled her to terminate the pregnancy without her consent. She claimed that she had filed for divorce from her earlier marriage which was pending, when she met Patil. Patil allegedly promised marriage and the complainant said that she then started a physical relationship with him. The woman further alleged that after she became pregnant, Patil and his family members assaulted her and coerced her into terminating her pregnancy. The first time this happened was in Solapur and the second time was in Karnataka, the woman claimed. She lodged a complaint before the police which booked the Patil family and the doctors who conducted the termination procedure under various provisions of the Indian Penal Code and Medical Termination of Pregnancy Act. .The accused persons then moved the High Court with a plea to quash the case. During these proceedings, the Court was also told that the matter was amicably settled. The complainant woman filed an affidavit indicating the same and also appeared in Court to support this claim. Accordingly, the Court proceeded to quash the FIR in the matter. "The facts narrated in the FIR as well as other material on record even if accepted in totality, do not disclose any offence of serious and heinous nature. The Respondent No.2 (complainant) has also stated in her affidavit that she is now married, with a child and that she wants to proceed with her matrimonial life, leaving the past behind. In such circumstances, continuance of criminal prosecution is likely to jeopardize her family life," the Court added while quashing the case. .Advocate Yogesh Patil appeared for the petitioners. Additional Public Prosecutor Gavand appeared for the State government. Advocates Pankaj Thakur and Sarfaraj Shaikh appeared for the complainant. .[Read Judgment]