Can consider quashing rape FIRs lodged under societal pressure in love affair cases, rules Punjab and Haryana High Court

Saurabh Malik

Chandigarh, June 14

When endearments turn into accusations of rape and woes begin for the wooer, judicial intervention can be considered for quashing the FIR, the Punjab and Haryana High Court has affirmed. Recognising cases where consensual teenage relationships end up in finger-pointing under societal pressure, Justice Nidhi Gupta has ruled that quashing the FIRs can be contemplated under such exceptional circumstances, despite the heinousness of the offence.

The assertions came in a case where a couple, in love, sought to formalise their relationship through marriage, but their union could not materialise. Justice Gupta observed the court in normal circumstances would not entertain a matter “when the non-compoundable offences are heinous in nature and against the public”.

Referring to the facts of the case in hand, Justice Gupta observed the offence alleged under Section 376 of the IPC was grave in nature. It was serious and non-compoundable in the eyes of law and the courts in ordinary circumstances should not interfere and quash the FIR. But there were always exceptions to the normal rules.

Justice Gupta added certain categories of cases deserved consideration, especially when the matters involved love affairs between teenagers with a partner alleging rape against the other following fear of the society and pressure from the community.

The other cases included matters where the accused and the victim are well-acquainted and rape allegations were levelled following the boy’s refusal to marry. Factors such as age, educational maturity and mental capacity were also required to be taken into account by the courts when deciding whether to intervene, Justice Gupta added.