Rape charges do not get absolved on account of subsequent marriage with victim: Delhi High Court

Read Order: Gaurav vs. State Govt of NCT Delhi & Anr. 

LE Staff

New Delhi, August 2, 2021: The Delhi High Court has ruled that subsequent marriage between a rape accused and the survivor does not waive off the offence of rape. 

The Bench of Justice Mukta Gupta observed that rape being a serious offence punishable under section 376 of the Indian Penal Code (IPC), the FIR in question cannot be quashed on the basis of compromise between the parties. 

It was alleged that the petitioner committed forcible sexual penetrative assault on the prosecutrix after taking her in a room at a hotel. Despite her refusal towards a physical relationship before marriage, the petitioner committed the offence. 

The ground which was urged by the petitioner for quashing of the FIR in question was that the petitioner and the respondent have since married and are living together.

Justice Gupta said that subsequent marriage between the victim and accused does not make him free of the offence as alleged by the complainant committed earlier. 

The High Court also refused to accept the contention of the counsel for petitioner that the FIR was lodged by the respondent in a “confusion”.