Bombay HC Quashes Rape Case Against Former Husband

The Bombay High Court delivered a significant verdict, quashing an FIR and all subsequent legal proceedings against a man accused by his former wife of rape, unnatural offenses, and threats in 2016. The court declared the complaint as malicious, stating it was filed out of vendetta.

Advocate Subhash Jha, representing the accused, argued that the FIR was false and driven by vindictiveness. Jha emphasized that the couple had a long-standing consensual relationship, having been married under Muslim laws in 1991 and raising six children together. He contended that the allegations were baseless and amounted to a misuse of legal processes.

According to court records, the relationship between the couple had soured over time, leading to allegations of sexual assault and intimidation from the woman. Despite being legally divorced in 2016, they continued to live under the same roof, where the woman claimed the man made further sexual advances. She produced recordings as evidence, alleging harassment.

The FIR, filed at the Agripada police station in Mumbai, prompted legal proceedings at the Mazgaon Magistrate court. However, during family discussions about their separation, the man alleged the woman's involvement in an illicit relationship. Subsequently, evidence emerged of the woman engaging in explicit conversations with another person.

Upon reviewing the case, Justices PD Naik and NR Borkar found that the complaint lacked credibility and was filed with malice. They noted statements from the couple's adult children, which indicated the FIR was lodged with a malicious intent to implicate the man. Given the couple's long marriage and shared living arrangements, the court deemed the continuation of legal proceedings against the man as an abuse of the legal process.

The High Court's decision to quash the proceedings underscores the importance of fair and impartial adjudication. It serves as a reminder that legal remedies should not be misused for personal vendettas. The ruling also highlights the need for thorough scrutiny of allegations to ensure justice is served without prejudice or bias.

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