MUMBAI:
The Bombay high court recently quashed an FIR filed by a model against her live-in boyfriend, accusing him of rape and domestic violence, after she said that she had accused him in a 'fit of rage' and wants to withdraw the complaints.
Stating that setting aside the FIR would do justice to both parties, a division bench of Justice B H Marlapalle and Justice U D Salvi took into account that the woman who was present in court specifically said that the complaint filed was on account of 'annoyance and in the heat of passion'. Advocate Rishi Bhuta represented the woman in court in court.
The tumultuous two-year relationship between the estranged couple began in 2009, when they met at Namit Kishore Acting School in Versova. While the Rajasthan native, 25-year-old Dipesh Pareek, was a trainer at the institute, the woman aged 26 years had come to the city from Delhi in 2008 to pursue a career in modeling and theatre. The duo exchanged their phone numbers. In March 2009, their grew close during an outdoor shoot of a film.
"We became very close and it was not possible to live separately even for a minute," Pareek said in his writ application, seeking quashing of the FIR. Subsequently, they decided to get married as per Gandharva rites.
In April 2009, they returned to Mumbai and began to live together in Oshiwara. In the petition, Pareek stated that during their live-in relationship, the two were physically intimate. The woman gave her consent willfully and they lived happily.
There was no dispute between them until the FIR was lodged, Pareek stated in his application.
The friction started in February 2011, when Pareek had to visit his family in Rajasthan. When the woman returned home from work, Pareek, who was ready with his baggage, informed her about the urgent trip. However, she did not let him leave. Pareek also told the woman of his intentions to discontinue the relationship as his parents disapproved. This led to fights between the couple and despite his girlfriend's disapproval, Pareek went to his native place.
Aggrieved, the woman lodged a complaint with the Goregaon police station and accused the him of having s*x with her after promising to marry her and then turning on his word. Pareek was booked under section 406 (criminal breach of trust) and section 376 (rape) of the Indian Penal Code. She accused him of stealing cash and jewelery worth Rs 6.5 lakh and a case of domestic violence was also filed in Delhi.
However, retracting her allegations, the woman told the court that due to different temperaments and misunderstanding, she lodged the complaint against Pareek.
Stating that as per the agreement, she wanted to withdraw the complaints, she said, "It is impossible for us to live together now. We have sorted out the matter through the intervention of our well-wishers."
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