Mumbai, July 22: The Bombay high court on Tuesday quashed an FIR filed against businessman Rakesh Rohira, 36, observing that the complaint of forceful sexual intercourse filed by his estranged wife was an “afterthought”.
Powai resident Rohira, a widower, married Priyanka, 22, a divorcee, on July 14, 2006. Their relationship turned sour a year after cohabitation and they filed a petition for divorce by mutual consent in August 2007.
Subsequently, Priyanka, a resident of Nashik, filed an application before the magistrate that she consented to the divorce petition “under duress”. In February 2008, Rohira filed a separate petition seeking divorce.
In an earlier round of litigation, Rohira had filed a cheating complaint against Priyanka, while she had lodged a complaint of harassment and abetment of suicide. Later, they consented to withdraw the complaints against each other.
On July 16, 2008, Priyanka filed another complaint against Rohira under section 376-A (intercourse by man with his wife during separation), 341 (punishment for wrongful restraint) and 506 (criminal intimidation). He then sought to revive his old complaint, but Priyanka was granted anticipatory bail in the case.
In her complaint, Priyanka had stated that she agreed to withdraw her earlier case against Rohira as he had said he wanted to live with her again and would convince his family. However, she alleged, he asked her to stay at a hotel in Bhandup from June 13-15, 2008 until he convinces his family.
“During the period, Rakesh had a forcible physical relation with me,” Priyanka stated in her complaint and added that he threatened to kill her if she told anyone in the family about the incident.
Justice BH Marlapalle and justice Anoop Mohta observed: “We are satisfied that even prima facie, there is no material in support of the charge under section 376-A of the IPC.”
Quashing the complaint, the court held that it did not wish to subject the husband to an inquiry as no case under the alleged charges was made out against him.
“The complaint, read as it is, goes to show that the wife came with the husband on her own and by way of afterthought, the crime register been registered one month later.”
“I have made several trips to the court because of this one complaint. I have spent so much time, energy and money over this litigation over a baseless complaint. I’m grateful to the high court for relieving me from this agony,” Rohira said.
Attempts made to contact Priyanka in Nashik were futile as her number was not available.
–Agencies–