Love story goes wrong, HC steps in to correct it

Love story goes wrong, HC steps in to correct it

RELATIONSHIP going sour often leads to a bitter legal battle and many young boys are facing criminal trial after their consensual relationship is broken. In one such case, Nagpur bench of Bombay High Court adopted a very bold and pragmatic line and invoked its extra-ordinary jurisdiction to end the criminal litigation initiated at the behest of a 19-year-old young engineering student who was enraged alter the boy misbehaved with her parents following their opposition to their marriage.

After families of boy and girl. both from two different stales, agreed to end the litigation, this complex question landed before the High Court to decide whether offence of rape can be withdrawn and criminal prosecution be set to rest at the behest of complainant.

The boy aged 21 and girl aged 19, both engineering students, met during a train journey and the love story blossomed. According to the complainant, she was sexually exploited by the boy after spiking her food, when she had gone to his room for dinner one night. She also claimed dial boy look her obscene video clippings and threatened her with uploading the same on internet. She furtheralleged that boy started sending filthy messages on her mobile.

In this premise, FIR was first lodged in August 2014. The boy was arrested and charged with the offence punishable under Sections 328.294, 507,506(B) and 376( 1) of the Indian Penal Code.

The applicant boy approached the High Court to quash FIR but the prosecution vehemently opposed the move. The prosecution asserted the offence under Section 376 of IPC cannot be said to be a private dispute inasmuch as the offence is against the society at large and sought dismissal of the application.

A division bench consisting of Justice Bhushan Gavai and Justice V M Deshpande. who deftly dealt with this vexed issue, pointed out that it is a settled principle of law that offence under Section 376 of IPC is no! a private dispute and is an offence against the society. However, it should be seen in the present matter the girl herself stated on an affidavit that the FIR was lodged since she was enraged due to the behaviour of the boy. She candidly admitted the intimacy and relationship between the two and that her family opposed the marriage alter which the applicant boy started misbehaving with her parents and enraged by that she lodged the FIR last month.

The High Court after quoting several judgements on this issue and after interviewing the girl and parents of both applicant and victim, perusing affidavit of the girl which slated that considering her future career and future life of applicant.

Posted in: News 2014