Abhinav.Garg@timesgroup.com
New Delhi: 04.02.2021
A man who faked his identity to allegedly sexually exploit a woman for years on the false promise of marriage will now be tried for rape, even though the couple claimed to have reached a compromise.
Delhi High Court this week dismissed a plea to quash the FIR registered for rape and forgery, after it found that the accused, Akhtar, not only forged his marriage certificate but also Aadhaar card.
“It is the allegation of the complainant that the petitioner Akhtar falsely represented himself as Shiva and promised marriage to her and had a physical relationship with her. The marriage certificate is found to be a fake one and in any event, the petitioner could not have married her in Arya Samaj Mandir according to Hindu Vedic rites and customs,” justice Subramonium Prasad noted, rejecting the compromise bid.
The couple cited a compromise deed where the woman said she had accepted her fate and wanted a peaceful married life with Akhtar.
But the court was not convinced. Justice Prasad observed that “it is evident that the petitioner has been accused of serious offences like rape and forgery having a bearing on vital societal interest and these offences cannot be construed to be merely private or civil disputes but rather will have an effect on the society at large. In crimes, which seriously endanger the well-being of the society, it is not safe to leave the crime doer only because he and the victim have settled the dispute amicably.”
According to the FIR lodged in December last year at Prem Nagar police station, the woman complained that Akhtar met her posing as Shiva and he promised to marry her five years ago. The couple had a physical relationship but the woman was shocked to realise his identity as Akhtar when he disclosed it after marrying her at a temple. The woman also claimed in the FIR that after the marriage, the accused started demanding money and when she visited his parents, she was driven away by them. Nearly a month after recording her statement before a magistrate, the woman agreed to a compromise deed.
In its probe report, police told the court that the accused hid his identity and was sexually exploiting the victim for five years. They further alleged Akhtar even forged his marriage certificate and had two Aadhar cards—one in the name of Shiva and the other as Akhtar.
“This court is not in a position to quash the FIR on the basis of compromise entered into between the parties where it is stated that the accused and the complaint have decided to stay as husband and wife and lead their peaceful marital life,” the high court said.
DELHI HIGH COURT SAYS
In crimes that endanger the well-being of the society, it is not safe to leave the crime doer only because he and the victim have settled the dispute amicably
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