1. Background of the Case (Paras 2–5)

• Acts and Sections Involved:

  • Indian Penal Code (IPC): Sections 376(2)(n) and 506
  • Code of Criminal Procedure (CrPC): Sections 482 and 164

• Facts:

  • FIR No. 272/2019 was filed at South Rohini Police Station, Delhi, alleging repeated sexual relations under false promises of marriage and threats of violence.
  • A charge sheet was submitted on 22.11.2019.
  • The High Court of Delhi dismissed the appellant's plea to quash the FIR under Section 482 CrPC on 16.10.2023.

2. Allegations and Statements (Paras 6–8)

• The complainant alleged that:

  • She was coerced into a sexual relationship by the appellant under threats to harm her brother.
  • The appellant refused marriage after a prolonged relationship.
  • The complainant’s statement under Section 164 CrPC reiterated these allegations.

• Appellant’s Argument:

  • The relationship was consensual.
  • Contradictions in the complainant’s FIR, MLC report, and CrPC statements.
  • FIR filed out of personal vengeance post the appellant’s marriage in 2019.

3. Legal Issues Considered (Paras 9–13)

• Main Issue:

  • Whether FIR No. 272/2019 alleging offenses under Sections 376(2)(n) and 506 IPC should be quashed.

• Relevant Legal Provisions Discussed:

  • Section 376(2)(n) IPC: Punishment for repeated acts of rape.
  • Section 506 IPC: Criminal intimidation.
  • Section 482 CrPC: Power to quash proceedings to prevent abuse of process.

4. Analysis and Court's Findings (Paras 14–21)

• Observations:

  • The relationship began in 2017 and continued till 2019, marked by mutual consent.
  • The complainant continued meeting the appellant despite alleging coercion.
  • No prima facie case of lack of consent or criminal intimidation was established.

• Reasoning:

  • The complainant willingly participated in the relationship, which negates allegations of coercion.
  • Alleged threats lacked corroborative evidence.
  • FIR appeared motivated by the appellant’s marriage to another individual in 2019.

5. Precedents and Ratio Decidendi (Paras 22–23)

• Key Cases Cited:

  • State of Haryana v. Bhajan Lal (1992): Guidelines for quashing proceedings under Section 482 CrPC.
  • Pramod Suryabhan Pawar v. State of Maharashtra (2019): Sexual relationships based on false marriage promises must meet strict criteria to constitute rape.
  • XXXX v. State of Madhya Pradesh (2024): Consensual relationships cannot be retrospectively criminalized.

• Ratio Decidendi:

  • When a consensual relationship exists, and statutory ingredients of rape or intimidation are absent, criminal prosecution constitutes abuse of process.

6. Final Decision (Para 23)

• Outcome:
  • High Court's order dated 16.10.2023 is set aside.
  • FIR No. 272/2019, charge sheet, and related proceedings are quashed.

Acts and Sections Discussed

1. Indian Penal Code (IPC):

   • Section 376(2)(n): Punishment for repeated acts of rape.
   • Section 506: Punishment for criminal intimidation.

2. Code of Criminal Procedure (CrPC):

   • Section 482: Inherent powers to quash proceedings.
   • Section 164: Procedure for recording statements.

Subjects:

Quashing of criminal proceedings in consensual relationships.

#RapeLaws #Consent #FalsePromiseOfMarriage #Section482 #IPC #CriminalLaw