Kochi: The Kerala High Court has quashed a rape case after considering the fact that if the prosecution is permitted to continue it would cause hardship to the woman. A single bench gave the order after a Thiruvananthapuram-native moved the court seeking to quash the case in which his wife is the complainant.
“The facts of the case, when looked at dispassionately, would reveal a long-term love affair between two young people which weathered all storms and ended up in marriage.In the peculiar facts of the instant case, grave hardship and inconvenience will be caused to the girl if the prosecution is permitted to continue. When the woman has asserted that she is not desirous of prosecuting her husband any further, the prospects of an ultimate conviction is remote and bleak,” the judgement said. The woman can continue with her life with dignity and respect, the court held.
Court observed that the apex court has clearly reminded the Courts that rape is a non-compoundable offence and it is an offence against the society and is not a matter to be left for the parties to compromise and settle. Court noted that the case will not harm the society and also the fact that couple married after a long term love affair. The case was registered after the girl’s mother filed a man missing case. Police later filed rape charges. The girl eloped with her lover and got married later.
