The Bombay High Court, in a landmark judgment, quashed a rape case filed against Mumbai-based lawyer Tapan Anant Thatte, observing that the allegations stemmed from a relationship gone sour rather than constituting criminal behavior. A division bench comprising Justice Bharati Dangre and Justice Manjusha Deshpande delivered the judgment, asserting that the criminal proceedings amounted to an abuse of the legal process.
The Case Background
The petitioner, 38-year-old Tapan Thatte, faced charges under Sections 376(2)(n), 504, and 506 of the Indian Penal Code (IPC) filed by the complainant, identified as Respondent No. 2, through FIR No. 14/2023 registered at Alankar Police Station, Pune. The complainant, who had recently divorced, accused Thatte of exploiting her vulnerability, sexually assaulting her, and failing to fulfill a promise to marry her.
The relationship between the parties began in 2020, when the complainant sought Thatte’s legal counsel during her divorce proceedings. Over time, their professional association turned personal, and the complainant alleged that Thatte took advantage of her trust and engaged in physical relations under the pretext of marriage. She also claimed Thatte borrowed significant sums of money during their relationship, which he later failed to return.
Legal Issues Examined
The court analyzed several key issues:
- Section 376(2)(n): Repeated Sexual Assault
The complainant alleged that some physical encounters were against her will. However, the court noted that she had willingly cohabited with Thatte for months, even moving to Mumbai to live with him during her divorce proceedings. Justice Deshpande remarked, “The complainant’s actions and the timeline of events indicate consent and a voluntary relationship, which negates the element of coercion required under Section 376(2)(n).” - Promise of Marriage
The court highlighted that allegations of false promises of marriage must be substantiated with evidence that the promise was made with fraudulent intent. The bench cited the Supreme Court’s ruling in Pramod Suryabhan Pawar v. State of Maharashtra (2019), which held that a breach of promise does not constitute rape unless it is established that the promise was false from the outset. The judges found no such evidence in this case. - Sections 504 and 506: Criminal Intimidation and Insults
The court determined that the petitioner’s alleged verbal abuses did not meet the legal threshold for criminal intimidation. The judges emphasized that there was no credible evidence of threats to life, reputation, or property.
Observations by the Court
In its judgment, the court stated, “The reading of the FIR and charge sheet reveals that the petitioner and complainant were two consenting adults in a mutual relationship that eventually soured. Allowing the proceedings to continue would not serve the ends of justice and would amount to misuse of the legal process.”
The court further observed that the complainant’s financial transactions with Thatte and her decision to cohabit with him indicated voluntary association rather than coercion. It also noted that the allegations emerged only after Thatte filed complaints against the complainant for extortion.
Judgment
The court quashed the charge sheet filed against Thatte, including the associated sessions case pending in Pune, ruling that the evidence did not substantiate the charges under Sections 376(2)(n), 504, and 506. “Criminal law cannot be used as a tool for settling personal scores,” the bench remarked.
