Penal Code, 1860 – s.376(2)(n) and s.506 – The appellant and complainant came in contact with each other in the year 2017 and after some time they got to know each other – Complainant alleged that in the year 2019 appellant had a forceful sexual relationship her – Further, it was alleged that appellant used to threaten the complainant to have forceful sexual relationship with her – Later, appellant refused to marry the complainant – FIR u/s.s.376(2)(n) and s.506 was registered – The High Court in concluding that there was no consent on the part of the complainant and therefore she was a victim of sexual assault – Correctness:
Held: Taking the allegations in the FIR and the chargesheet as they stand, the crucial ingredients of the offence u/s.376(2)(n) IPC are absent – A review of the FIR and the complainant's statement u/s.164 CrPC discloses no indication that any promise of marriage was extended at the outset of their relationship in 2017 – Therefore, even if the prosecution's case is accepted at its face value, it cannot be concluded that the complainant engaged in a sexual relationship with the appellant solely on account of any assurance of marriage from the appellant – The relationship between the parties was cordial and also consensual in nature – A mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings – What was a consensual relationship between the parties at the initial stages cannot be given a colour of criminality when the said relationship does not fructify into a marital relationship – Further, both parties are now married to someone else and have moved on in their respective lives – Thus, the continuation of the prosecution in the present case would amount to a gross abuse of the process of law – The High Court erred in concluding that there was no consent on the part of the complainant and she was a victim of sexual assault – Thus, the FIR registered u/ss.376(2)(n) and 506 of the IPC and the charge-sheet filed are accordingly quashed. [Paras 19, 21]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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