Bharatiya Nagarik Suraksha Sanhita, 2023 – s.528 – Quashing – Parties were in a live-in relationship for over two years, living in a rented accommodation – Second respondent filed FIR against the appellant u/ss.376, 323, 504, 506, IPC alleging that he established physical relationship with her many times with a promise to marry however, later refused to marry – High Court dismissed the petition filed by the appellant for quashing of FIR – Interference with:
Held: If two able-minded adults reside together as a live-in couple for more than a couple of years and cohabit with each other, a presumption arises that they voluntarily chose that kind of a relationship fully aware of its consequences – The relationship between the parties was for over two years – They not only admit of having physical relations with each other but also of living together in a rented accommodation as a live-in couple – FIR does not allege that physical relationship was established only because there was a promise of marriage – Besides, physical relationship continued for over two years without any complaint – The longdrawn relationship of the parties including the circumstance of their living together and cohabiting with each other, that too, in a separate rented accommodation, gives rise to a presumption that their relationship was based on a valid consent – Therefore, the allegation that such relationship was entered because there was a promise of marriage is rejected – Moreover, the settlement agreement executed between the parties stating that they love each other shows that they were in love – Thus, the appellant cannot be subjected to prosecution for the offence of rape on the ground of refusal to marry – Impugned judgment set aside – FIR and the consequential proceedings quashed. [Paras 11, 14, 16, 17, 18] Live-in relationships – Long-drawn relationships, proliferation of – Duty of Courts – Stated. [Para 15]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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