A person has moved the Supreme Court seeking anticipatory bail in a rape case, which was filed by his wife before their marriage and revived recently due to an alleged matrimonial dispute.
The Bench of Justice B.R. Gavai, Justice Vikram Nath and Justice Sanjay Karol issued notice to the Uttar Pradesh government on Monday, seeking its reply in the matter.
The petitioner had moved the Supreme Court against the Allahabad High Court order, which denied him anticipatory bail in a rape case arising out of incidents that took place in 2011 and 2014, before his marriage.
As per the plea filed by Advocate Md Rashid Saeed, the petitioner and the respondent no. 2 had been in a live-in relationship for about four years and the respondent had started pressurising the petitioner for marriage.
He said on his refusal, the respondent no. 2 threatened him with dire consequences and eventually lodged an FIR bearing no. 118/2015 for the offence of rape on the pretext of marriage in 2015.
The petitioner, after being dragged in a false case, persuaded his family for the marriage and the same was solemnised in 2015 as per Muslim rites.
At that time, the respondent furnished an affidavit to the effect that she married the petitioner consensually and without pressure. She also stated that she was living happily, was completely satisfied and did not wish to pursue legal action.
However, the couple lived cordially for the first two years after which, the respondent became quarrelsome. She allegedly threatened the petitioner’s family with false cases if he did not provide her with a separate accommodation, contended the plea filed before the Apex Court.
The woman then filed a rape complaint relating to the same incident which was earlier settled between the two. The Chief Judicial Magistrate of Bareilly issued summons in the case. The respondent simultaneously filed a case for maintenance also.
When a non-bailable warrant was issued against the petitioner, he filed a petition in the Sessions Court for anticipatory bail, which was rejected. The petitioner then moved the Allahabad High Court, which also denied him anticipatory bail in the case.
As per the petitioner, the High Court failed to consider that the respondent had filed an FIR for the same offence in 2015, which was closed after a compromise between the two.
(Case title: Dr Javed vs State of UP)