Bombay High Court refuses to quash FIR against man accused of forcing woman to terminate pregnancy twice

Bombay High Court.

The Bombay High Court recently rejected the quashing FIR petition by a man accused of forcing a woman to terminate her pregnancy twice against her wish.

A bench of justices S Shinde and Manish Pitale observed that amicable settlement between the two parties is no basis to quash the FIR registered by Ambernath police station under IPC sections 376 (punishment for sexual assault) and 313 (causing miscarriage without woman's consent), stated a report in The Times of India.

On March 31 the judges were informed that the parties have amicably settled the dispute and the woman also said she has voluntarily agreed to the settlement. However, the prosecutor opposed quashing of FIR stating the allegations against the man are serious as he has not only committed offence under section 376 but even section 313.

The judges, in their April 5 order, had noted that the victim alleged that upon disclosing to the accused that she is pregnant, he took her to a doctor against her wish who prescribed pills which resulted in termination of her pregnancy. Later too the man took her to a hospital where the pregnancy was terminated against her will. He also promised to marry her but decided to marry another woman later.

"It appears from the allegations in the FIR that since inception the petitioner gave false promise of marriage to the victim and had sexual intercourse and twice forcibly terminated the pregnancy," the judges said, adding that there is an "irresistible prima facie conclusion" of his involvement in the alleged offences. While the man's advocate relied on judgments on consensual sex, the judges said facts of those cases and the present case are distinguishable. They said the petitioner cheated the victim by giving false promise of marriage.

Apart from sexual assault, he has also committed offence under section 313, stated the bench. "The allegations in the FIR not only disclose the offence punishable under Section 376 of the IPC, but also punishable under Section 313. The offences are very serious and heinous in nature. Therefore the FIR cannot be quashed on the basis of amicable settlement or on merits," the judges concluded.