Case Note & Summary
The petitioner filed a petition under Article 226 of the Constitution of India and Section 482 of the Criminal Procedure Code, 1973 seeking quashing of Sessions Case No. 692 of 2023 pending before the Additional Sessions Judge, Mumbai, arising out of FIR No. 789 of 2022 registered at Bhoiwada Police Station, Mumbai for offences under Sections 376, 376(2)(n), 376(2)(h), 313, 323, 504, 506 of the Indian Penal Code, 1860. The respondent No. 2, a divorcee with a minor son, alleged that the petitioner befriended her, promised to marry her and look after her son, and on that assurance established sexual relations with her from March 2016 onwards at various hotels and rented premises. She became pregnant, but the petitioner refused to marry her, forced her to abort, and continued to rape her even during pregnancy. The petitioner contended that the relationship was consensual, that he intended to marry her but refused upon learning she had a son from a previous marriage, and that the FIR was filed after a delay of six and a half years. The court noted that at the stage of quashing, it cannot conduct a mini trial and must only examine whether the FIR and charge sheet disclose a cognizable offence. The court found that the FIR prima facie indicates that the sexual relationship was based on a false promise of marriage, which constitutes rape. The court also held that the existence of an alternate remedy does not bar the exercise of inherent powers under Section 482 CrPC, but on merits, the petition fails. The court dismissed the petition, vacated the interim order restraining framing of charges, and directed the trial court to proceed with the case in accordance with law.
Headnote
A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Inherent Powers - The Court can exercise jurisdiction under Section 482 CrPC even when a discharge application is pending, but must not conduct a mini trial at the quashing stage - Held that the power to prevent abuse of process is not restricted to the FIR stage (Paras 5, 7.9). B) Indian Penal Code, 1860 - Sections 376, 376(2)(n), 376(2)(h) - Rape by False Promise of Marriage - A sexual relationship based on a promise to marry, where the promise was false from the inception, constitutes rape - The Court must examine whether the promise was a false promise made with no intention to marry, or a mere breach of promise - Held that the FIR prima facie discloses that the petitioner made a false promise to marry, inducing the victim to engage in sexual relations, and thus a cognizable offence is made out (Paras 10-12). C) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Alternate Remedy - The existence of an alternate remedy does not bar the High Court from exercising inherent powers under Section 482 CrPC if the FIR does not disclose a cognizable offence or the proceedings are an abuse of process - Held that the Court may entertain a quashing petition even after filing of charge sheet (Paras 5, 7.9).
Issue of Consideration
Whether the FIR and charge sheet disclose a cognizable offence of rape based on a false promise of marriage, warranting quashing of criminal proceedings under Section 482 CrPC.
Final Decision
The petition is dismissed. The interim order dated 12th April 2024 restraining the trial court from framing charges is vacated. The trial court is directed to proceed with the case in accordance with law and expedite the trial.
Law Points
- Quashing of FIR
- Inherent powers under Section 482 CrPC
- Rape by false promise of marriage
- Consensual relationship based on promise to marry
- Prima facie case
- Alternate remedy
