The Bombay High Court has dismissed a rape case against a Mumbai-based lawyer, stating that the accusations stemmed from a personal relationship that had turned bitter.
The lawyer, accused under Sections 376(2)(n) (repeated rape), 504 (intentional insult), and 506 (criminal intimidation) of the Indian Penal Code (IPC), was charged following a complaint by a woman. The two were schoolmates who reconnected in January 2020. At that time, the woman was married and living in the U.S. Due to marital discord, she returned to India with her child and sought a divorce. She later reached out to the accused for legal assistance.
A Division Bench comprising Justice Bharati Dangre and Justice Manjusha Deshpande observed that the complainant was married when she engaged in a consensual relationship with the accused. The Court noted that the legal case involved both personal and financial disputes between the two parties.
“If the case proceeds, it is unlikely to lead to a conviction and would amount to misuse of the legal process,” the Bench stated, quashing the charges.
The complainant claimed that the accused had exploited her emotionally vulnerable state to initiate an intimate relationship, which she sometimes felt was against her will. However, the lawyer argued that their relationship was consensual.
The case also highlighted financial transactions, including a ₹33 lakh transfer from the complainant to the accused. Of this amount, ₹28 lakh was a loan, and ₹5 lakh was for legal services. The lawyer claimed to have repaid the loan by August 2022. He further alleged that the complainant demanded an additional ₹5 lakh and threatened him with a false rape complaint when he refused.
After reviewing the FIR and evidence, the Court concluded that the complainant did not provide sufficient proof of coercion or abuse. The Bench stated, “The relationship between two consenting adults deteriorated, leading to mutual legal actions.”
Consequently, the Court quashed the chargesheet, ruling that the case did not warrant further legal action.
Case Title: Tapan Anant Thatte v. The State of Maharashtra & Anr., [2024:BHC-AS:44567-DB]
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