Nagpur: Holding that the accusation in FIR does not show false promise or direct nexus to the woman's decision to engage in a sexual act, the Nagpur Bench of Bombay High Court (HC) has quashed an FIR against a Gadchiroli doctor accused of rape.
A division bench of Justice Zaka Haq and Justice Amit Borkar quashed the FIR against the doctor against whom it was alleged that he had been raping a medical practitioner several times under the pretext of marriage.
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As per a latest media report by the Times of India, the doctor moved the HC and contended through the counsel Neeraj Khandewale that the woman had brought false allegations. He further pleaded for the quashing of the FIR brought against him.
The doctor had been a neighbor to the complainant medical practitioner, who had been divorced before. The woman brought charges of rape against the doctor and claimed that the doctor allegedly forced her into a sexual relationship under false promises of marriage. She further alleged that with the fake promise of marrying her, the doctor continued to exploit her on several occasions.
However, the doctor allegedly refused to marry her that led the woman to bring charges of rape against the doctor with the Gadchiroli Police.
Examining the case, the bench observed,
"We have carefully considered the contents of FIR. There is no allegation in it that the promise of marriage was a false one at its inception, given in bad faith. The accusation in FIR does not show false promise, as of immediate relevance or had direct nexus to the woman's decision to engage in a sexual act."
The judges, before allowing the doctor's plea, further noted,
"We are, therefore, satisfied that continuance of proceedings against the petitioner would amount to an abuse of process of the court."