New Delhi: The Punjab & Haryana High Court has rejected an appeal for anticipatory bail by a man accused of raping his live-in partner. The man, who is already married, had sought pre-arrest bail after it was initially denied, arguing that the matter had been compromised between the parties and that the complainant had registered the FIR due to differences in their relationship.
The FIR was filed under Sections 354, 354-A, 376(2)(n), 377, and 506 of the IPC, as well as Section 3(1)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The accused contended that, following the High Court’s denial of his pre-arrest bail, the matter had been settled between the parties, and the complainant no longer wished to pursue the case.
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However, Justice Harpreet Kaur Jeevan denied the appeal, highlighting the illegal nature of the live-in relationship, as both the accused and the complainant are married to other people. The court noted that the couple had voluntarily entered into a live-in relationship, formalized by a deed on April 1, 2021, and had been cohabiting since then.
Justice Jeevan emphasized that granting bail in this case would effectively condone polygamy, which is prohibited under the Hindu Marriage Act, of 1955. The court ruled that accepting the compromise would violate public policy and send the wrong message to society. Consequently, the court refused to grant anticipatory bail to the accused.