Ruling in sharp variance with recent Bombay HC order that refused to quash a case on similar grounds

Diverging strongly from a recent decision of the Bombay High Court, the Madurai Bench of the Madras High Court has quashed a rape case registered against a caste Hindu youth after he agreed to marry the victim, a Dalit, with whom he had had sexual relationship on the promise of marrying her but had subsequently refused to honour his promise leading to the registration of a First Information Report (FIR).

Allowing a petition filed by the youth to quash the case booked by Oomachikulam police here, Justice K. Kalyanasundaram held that no useful purpose would be served in making the petitioner face trial since he had struck a compromise with the victim who was now not interested in pursuing the case and wanted to withdraw her complaint.

The judge pointed out that the 24-year-old victim had lodged a complaint with the police in July accusing the petitioner of having had a physical relationship with her on June 19 but refusing to marry her on July 1 by stating that she was a Dalit, and hence, it would not be possible for him to accept her as his life partner.

Acting on her complaint, the police had booked the suspect under Sections 376 (rape), 420 (cheating), 294b (uttering obscene words), 506 part II (criminal intimidation) of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 punishable with imprisonment for a term of 10 years or more.

However, in his plea to quash the First Information Report, the petitioner stated that the matter had been settled amicably between him and the victim and they had decided to get married on September 18.