Code of Criminal Procedure, 1973 – s.482 – Quashing of criminal case – Complainant alleged that the appellant forcibly had sexual intercourse with her on false promise of marriage – Complaint made and chargesheet filed against appellant u/ss.376, 376(2)(n), 504, 506 IPC – Appellant sought quashing of criminal case – High Court dismissed the petition – Correctness:
Held: It does not appear from the record that the consent of the complainant was obtained against her will and merely on an assurance to marry – Narrative of complainant does not corroborate with her conduct – Consent of complainant as defined u/s.90 IPC also cannot be said to have been obtained under a misconception of fact – No material to substantiate “inducement or misrepresentation” on the part of appellant to secure consent for sexual relations without having any intention of fulfilling said promise – Criminal prosecution against the appellant is probably with an underlying motive and disgruntled state of mind – No reasonable possibility that complainant or any woman being married before and having a child of four years, would continue to be deceived by the appellant or maintain a prolonged association or physical relationship with an individual who has sexually assaulted and exploited her – Not a case where there was a false promise to marry to begin with – Consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of the State – Ingredients of the offence u/ss.376 (2)(n) or 506 IPC not established – Appellant is just 25 years of age, and has a lifetime ahead of him, thus, in the interest of justice, the proceedings quashed at this stage itself – Impugned judgment set aside – Penal Code, 1860 – ss.376, 376(2)(n), 504, 506. [Paras 8-12]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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