The Delhi High Court has recently expressed alarm at a rising trend where accused individuals marry rape victims to avoid criminal charges but abandon them once the Fir is quashed or bail is granted.
Justice Swarna Kanta Sharma made these remarks while declining to quash an FIR filed by the Delhi Police in 2021 under various sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act.
The case involved a 17-year-old victim who alleged that the accused, a 20-year-old, forcibly engaged in physical relations with her without consent. The accused also threatened to release inappropriate photographs of her and continued to sexually assault her. When the victim discovered her pregnancy, her mother engaged in discussions with the accused, resulting in coerced marriage. The abuse persisted even after the marriage, leading to the registration of the FIR and subsequent termination of the pregnancy.
The accused sought to quash the FIR, claiming a consensual relationship and relying on Muslim personal laws. However, the prosecution presented the victim’s statement recorded under Section 164 of the Code of Criminal Procedure as evidence of forced sexual relations. The court noted that societal pressure contributed to the victim’s marriage due to her pregnancy, but the legal validity of the marriage was not addressed.
The court stressed that even if the minor victim had given consent, which she denied, it would not justify quashing the FIR. Dismissing the petition, the court found the allegations to be plausible and not absurd.
