Supreme Court Suggests Mediation in ‘Rape on Pretext of Marriage’ Case; Judge Quips About Horoscope Mismatch Excuse

In an engaging moment during an otherwise sensitive hearing, the Supreme Court on Tuesday made a light-hearted observation while examining a case involving allegations of rape on the pretext of marriage.

The bench remarked that the accused should have considered the horoscope compatibility before entering into the relationship, rather than citing it as the reason for refusing marriage later.

The matter was heard by a bench comprising Justices JB Pardiwala and KV Viswanathan.

The case reached the apex court after the complainant challenged the Patna High Court’s 2024 order that had quashed her First Information Report (FIR).

When asked by the bench to explain the basis of the complaint, counsel for the woman stated that the accused — a serving police officer — had entered into a physical relationship with her under the promise of marriage but later backed out.

Justice Pardiwala sought clarity, asking whether the relationship was sustained based on the alleged assurance of marriage.

The lawyer confirmed, saying the man had initially pursued and maintained the relationship, but eventually refused to marry, citing non-matching horoscopes.

Responding humorously, Justice Pardiwala remarked, “If the stars don’t match, how will a marriage work? But why check horoscopes only at the point of marriage? You should have consulted astrologers before entering into the relationship.”

Senior Police Officers Involved

The case involves two senior police officials who had worked together in 2014 — the accused being a Superintendent of Police and the complainant a Deputy Superintendent of Police.

The court asked whether any prior settlement attempts had taken place.

Senior Advocate K Parameshwar, representing the accused, said the court had earlier encouraged both parties to explore a settlement, but the sum suggested — around ₹5 crore — was far beyond his client’s means.

He added, “I am now married and have two children,” highlighting that the matter pertains to events long past.

The court acknowledged that the suggested compensation amount was steep. The complainant’s counsel contended that the relationship had been forced upon his client, but the bench expressed skepticism.

Justice Pardiwala observed, “Who will believe this? You are a Deputy SP.” The complainant’s counsel insisted that the accused, being her superior officer, had persistently initiated contact and pursued her.

Emphasis on Amicable Resolution

The bench took note of the parties’ current circumstances, including their ages — the complainant being over 40 and the accused younger by about seven years — and commented that prolonged litigation may not serve either of them.

The court stated, “Whatever may have happened in the past, continuing to fight is not in the best interest of either side in these particular circumstances.”

To help the parties reach a peaceful and fair resolution, the Supreme Court appointed Justice Gita Mittal, former Chief Justice of the Jammu & Kashmir High Court, as a mediator.

Both sides have been directed to initiate contact with her and work out the mediation framework.

The case will now move into the mediation process before the apex court takes a decision on further legal proceedings.

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