Jabalpur: Justice Sanjay Dwivedi of Madhya Pradesh High Court observed that the rape charges against the govt doctor by the woman appeared to be abuse of process of law as the women was in relationship with the man for over 10 years out of their “own free will”. As per the order, both the man and woman were well-educated persons and had physical relations out of their “own free will” for over 10 years. Effectively, the women had consented for physical relationship without any coercive measure by the man. They broke up after the man refused to marry her, the order noted. However, it does not mean that a rape case could be registered against the petitioner (man), the court said.
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“In my opinion, as per the factual circumstances, as have been narrated by the prosecutrix (woman) in her complaint and also in her statement of 164 CrPC, this case cannot be considered to be a case of rape as defined under Section 375 of IPC (Indian Penal Code) and the prosecution is nothing but appears to be an abuse of process of law,” the court said. In this matter, the court said, even IPC section 366 (inducing a woman to compel her for marriage) is not made out against the man. “Therefore, the offence under Section 366 of IPC registered against the petitioner at the later point of time is also liable to be quashed,” it said. The man was booked for rape and other charges by the Police Station Mahila Thana in Katni district in November 2021. He eventually moved the HC for relief.
