The Gujarat High Court quashed an FIR against an accused in a rape case after the complainant (victim) filed an affidavit before the court submitting that the dispute between them had been amicably resolved with the help of friends and relatives.
Both the accused and victim are government employees. A single-judge bench of the Gujarat High Court while quashing the rape FIR observed that the dispute is a private and personal affair.
“The injury sustained does not involve any mental depravity nor amounts to a heinous crime. The parties are residing in the same locality and have been staying there for many years. Given the settlement arrived at between the parties, there exists no scope for any further proceeding in the matter,” the bench observed.
What counsel said about the rape case
Counsel for the applicant argued before the court that both the parties are government employees and the complainant used to travel in the car of the applicant to reach her work-place.
They had thus developed friendly relations and he submitted that the parties have settled the dispute amicably outside the Court. He said as a result there remains no grievance between them.
The complainant filed an affidavit before the court stating that she has no grievance against the accused and no objection to the quashing of the FIR filed by her.
The affidavit also stated that the complaint was filed in anger and some misunderstanding. The complainant had filed an FIR with the Dhandhuka Police Station accusing the man of rape.
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