The Delhi High Court has refused to quash a rape case on the basis of marriage and said the "trend" of filing and retracting complaints have to be curbed as bogus cases cause grave injustice to actual victims.
Justice Girish Kathpalia, in a judgement passed on April 29, observed if the complaint in the present case turned out to be false, quashing it in the present stage (chargesheet filed by police) would encourage the abuse of process of criminal justice machinery.
The judge also said if the complaint was indeed true, instead of "extending premium to the accused by pushing the helpless survivor into his matrimony", the state would have to ensure her a dignified life by providing her food, shelter and clothing.
The case related to the allegations of a woman who said the petitioner raped, sodomised and blackmailed her over objectionable pictures by the accused, who was her neighbour.
She claimed the man's brother-in-law, the other petitioner in the case, also sexually abused her.