Case Note & Summary
The Bombay High Court quashed FIR No. 303/2018 registered against the applicant, Lalchand Sirumal Bhojwani, under Sections 376, 420, and 506 of the Indian Penal Code, 1860. The complainant, a former employee, alleged that the applicant raped her in 1987 when she was 18 years old and continued to sexually exploit her under the promise of marriage until 2017. The FIR was filed in 2018, 31 years after the alleged first incident. The court found that the relationship was consensual, as the complainant continued the relationship for 31 years without any complaint, even after the applicant suffered a heart attack in 1996. The court noted that the complainant was aware the applicant was married and that the law forbids a second marriage. The FIR contained no explanation for the delay, and the court held that the complaint was filed only after the relationship soured and the applicant refused to hand over documents. Relying on the Supreme Court's decision in Suresh Garodia v. State of Assam, which overturned a Gauhati High Court judgment, the court held that continuing the proceedings would be an abuse of process of law. The court also deprecated the practice of counsel citing overruled judgments. The application under Section 482 Cr.P.C. was allowed, and the FIR and all proceedings were quashed.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 Cr.P.C. - Consensual Relationship - The High Court quashed an FIR registered after 31 years of an alleged sexual relationship, holding that the relationship was consensual and the FIR was filed only after the relationship soured, amounting to an abuse of process of law. (Paras 9-11)
B) Indian Penal Code - Rape - Sections 375, 376 IPC - Promise to Marry - A long-standing consensual relationship without any complaint for 31 years cannot be termed rape merely because the promise to marry was not fulfilled, especially when the complainant knew the accused was married. (Paras 9-10)
C) Criminal Procedure Code - Delay in FIR - Section 482 Cr.P.C. - Inordinate Delay - An unexplained delay of 31 years in lodging an FIR, with no explanation in the FIR itself, is a ground to quash proceedings as the relationship was consensual and the complaint was motivated by subsequent disputes. (Paras 9-10)
Issue of Consideration
Whether an FIR alleging rape and cheating filed after 31 years of an alleged consensual relationship can be quashed under Section 482 Cr.P.C. as an abuse of process of law.
Final Decision
The Application is allowed. FIR No. 303/2018 registered with Powai Police Station (transferred to Mulund Police Station) and all proceedings arising therefrom are quashed.
Law Points
- Consensual relationship
- Delay in filing FIR
- Abuse of process of law
- Quashing of FIR under Section 482 Cr.P.C.
- Promise to marry
- Rape by deception
Case Details
2024 LawText (BOM) (07) 1803
Criminal Application (APL) No. 1167 of 2018
A. S. Gadkari, Dr. Neela Gokhale
Mr. Hitesh G. Ramchandani with Mr. G. J. Ramchandani (for Applicant), Mr. A. S. Shalgaonkar (APP for State), Mr. Ninand Muzumdar with Mr. Ameya Khot (for Respondent No. 2)
Lalchand Sirumal Bhojwani
The State of Maharashtra and Ms. XYZ
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Nature of Litigation
Application under Section 482 Cr.P.C. for quashing of FIR alleging rape, cheating, and criminal intimidation.
Remedy Sought
Applicant sought quashing of FIR No. 303/2018 and all proceedings arising therefrom.
Filing Reason
Applicant contended that the relationship was consensual and the FIR was filed after 31 years due to soured relationship, amounting to abuse of process of law.
Previous Decisions
Notice issued on 16th December 2022 to Respondent No. 2, trial court directed to defer proceedings; Application admitted on 28th March 2023.
Issues
Whether the FIR alleging rape and cheating after 31 years of relationship can be quashed as an abuse of process of law.
Whether the relationship was consensual or forcible.
Whether the delay in filing FIR is fatal to the prosecution.
Submissions/Arguments
Applicant argued that the relationship was consensual for 31 years, no complaint was made, and the FIR was filed only after the relationship soured. Relied on delay and lack of force.
Respondent No. 2 argued that the sexual abuse started in 1987 when she was 18, she was under threat and pressure, and the FIR was filed immediately after the threat ceased when the company closed. Relied on State of Himachal Pradesh v. Sanjay Kumar and Suresh Garodia v. State of Assam (Gauhati High Court).
State supported the complainant's case.
Ratio Decidendi
A long-standing consensual relationship without any complaint for 31 years cannot be termed rape merely because the promise to marry was not fulfilled. Unexplained delay in filing FIR, especially when the complainant knew the accused was married, indicates that the relationship was consensual and the FIR was filed only after the relationship soured, amounting to an abuse of process of law under Section 482 Cr.P.C.
Judgment Excerpts
The contents of the FIR clearly indicate a consensual relationship. The parties were indulging in sexual relationship for as many as 31 years. The complainant has never breathed a word about her alleged objection to the relationship.
This is a classic case of relationship between the parties turning sour and thereafter the complainant lodging a police complaint.
We decry this practice of counsel placing reliance on decisions which have been overturned by the Apex Court, without verifying precedents that holds the field.
Procedural History
FIR No. 303/2018 was registered on 8th August 2018 at Powai Police Station, later transferred to Mulund Police Station. The applicant filed Criminal Application (APL) No. 1167 of 2018 under Section 482 Cr.P.C. for quashing. Notice was issued on 16th December 2022, and the application was admitted on 28th March 2023. The judgment was reserved on 26th July 2024 and pronounced on 31st July 2024.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 482
- Indian Penal Code, 1860 (IPC): 376, 420, 506
