Rajasthan HC Junked Rape Case Against Man

The Rajasthan High Court quashed a rape case against a man after he married the woman he allegedly assaulted. Charges were dropped after the court said criminal proceedings against the man - now the rape survivor's husband - would 'destroy the sanctity of marriage'.

Justice Anoop Kumar Dhand attributed his decision to the 'peculiarity of the marriage' and, therefore, that his ruling could not be used as precedent to quash rape charges if the complainant and the accused 'reach a compromise'.

Justice Dhand also noted two Supreme Court judgments to this effect, in each of which rape charges against the man were dropped after the woman and he were married.

"Marriage is considered as a sacred union between two individuals - transcending physical, emotional, and spiritual bonds. According to ancient Hindu laws, marriage and its rituals are performed to pursue 'dharma' (duty), 'artha' (possession), and 'kama' (physical desire)." The court said.

"... marriage is more than a ritual, which cannot be allowed to be destroyed by continuing the criminal proceedings against the petitioner," the judge declared. Proceeding with these charges, the court said, would 'disturb married life'.

The eyebrow-raising judgment came after the woman complained she entered into a physical relationship with the accused based on the latter's promise of marriage. However, after she became pregnant the man reportedly fed her abortion pills and refused further communication. But between the time her complaint was filed and the court heard it, the man and woman were wed, and a petition was then made to quash the rape charges.

The woman's lawyer pointed out that relationship in question was 'arranged' and not 'romantic' in nature, thereby raising the question of 'consent'. The court countered, saying the situation had to be examined from both perspectives, and that it had "no attachment to any one gender". The court eventually decided it would hear the man's plea further.