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Women Approaches SC To Seek Revival of Rape Case That Was Quashed After Accused Agreed to Marry Her

interestingly, in 2017 the Karnataka High Court had said that it had no power to quash rape cases on the basis of the settlements. Justice John Michael Cunha had made this statement while hearing a petition jointly filed by the accused and victim seeking to quash all the proceedings under Section 366 A

Women approaches SC to revive rape case that was quashed by Karnataka HC after the accused agreed to marry her (PTI Photo)

New Delhi: The Supreme Court on Friday sought the response from the Karnataka government and an MBBS student after a woman filed a plea in the court to seek revival of the rape case that was quashed after he offered to marry her in a settlement.

A bench comprising justices Sanjay Kishan Kaul and Hemant Gupta has given a month’s time to the state government and the accused to file their replies.

The victim in her plea said that though the accused agreed to marry her at first, then began to create circumstances later that would force her to not marry him.

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She said that he tricked her by promising to marry her but then started demanding dowry so as to get away from her.

Advocate Siddhartha Jha filed the petition against the verdict of the Karnataka High Court that was given in September last year which quashed the proceedings against the accused after a settlement was reached between the two parties.

The petition also said that the settlement between the parties was based on the consent of the woman that was forcefully extracted by the accused.

The petition also claimed that while quashing the proceedings in the case, the High Court had ignored an order passed by the Supreme Court which emphasises that there can be no quashing of any proceedings on the basis of settlement or compromise in a case of rape as the crime is against the body and dignity of the woman.

The victim claimed in her petition before the top court that the accused, being her senior at Rajarajeshwari Medical College, Bengaluru, took advantage of the dominant position over her. According to the petition, the accused made sexual relations with the victim on the promise of marriage.

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However, later he refused to marry her and she filed a rape case against him, it said. The case was later quashed as both the parties agreed to a settlement where the accused promised to marry the woman as soon as their course was completed.

Immediately after the case was quashed, however, the accused started antagonising and ill-treating the woman and her family, it is alleged.

“In fact, the accused has now demanded a dowry of Rs one crore for marrying the petitioner. The accused has refused to bestow any sanctity to the relationship with the petitioner and has made every possible attempt to scuttle the relationship with her.

“The circumstances after the quashing have made it clear that the act of marriage offered by the petitioner was a ruse to get the case quashed when, in fact, he harboured no intent to marry her or bestow any sanctity to the same,” the petition alleged.

With inputs from PTI

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