Legal Consequences of Withdrawing Rape Allegations: A Landmark Judgment

Rape Cases Can't Be Quashed Based On 'Compromise'; Woman Liable For Perjury If She Disowns Allegations : Bombay High Court

In a Landmark order (June 30, 2025) passed by Hon’ble Bombay High Court explained the precise state of the law on the withdrawal of rape charges by a complainant. In this case a woman who had lodged an FIR Complaining she was drugged, kidnapped and raped by two men. Medical reports and statements of witnesses were found as supporting evidence in the investigation.

The complainant later had an affidavit indicating that she wished to withdraw her claims stating that this was done on a whim of misunderstanding that the case had already been settled between the parties. But the Hon’ble Court also strongly believed that crimes such as rape cannot be treated as a personal matter and same can’t be settle through compromise or coming to an agreement. Thus it can’t be a fit case where Section 482 of the Code of Criminal Procedure can be applied.

The Hon’ble High Court largely stressed that this kind of grave criminal acts will not only impact the particular individual but society as well. Withdrawal of allegations in such situations can become a very bad precedent and lead to an abuse of the criminal justice system.

A warning was also expressed by the Hon’ble Court in case a complainant subsequently reneges on her claims with unsubstantiated reasons, she would be likely to be charged with perjury. This implies that an intention to present untrue information or go against earlier written statements or declarations may lead to legal penalties.

This ruling is a stern reminder that justice on any matter that is related to serious offences should be taken through due process and not by means of personal settlement or retractions.

Dnyaneshwar & Anr. VS State of Maharashtra CRIMINAL APPLICATION NO.864 OF 2024 

High court of AURANGABAD