Case Note & Summary
The applicant, Gaurav Wankhede, filed a criminal application under Section 482 CrPC seeking quashing of Sessions Case No.569/2019 arising out of FIR No.213/2019 registered at Police Station Beltarodi, Nagpur for offences under Sections 376(2)(n) and 417 IPC. The victim alleged that the applicant established physical relations with her on the promise of marriage from March 2016 onwards, but later married another girl. The applicant had filed a discharge application under Section 227 CrPC before the Sessions Court, which was rejected. The High Court examined the material on record, including the FIR and charge-sheet. The court noted that the relationship was long-standing, the victim was aware of the applicant's engagement, and she continued the relationship even after that. The court held that for an offence under Section 376(2)(n) IPC, the promise of marriage must be false from the inception, and there must be no intention to marry from the beginning. In this case, there was no material to show that the promise was false when made. The victim's conduct indicated that the physical relations were consensual. The court also held that the offence under Section 417 IPC was not made out as there was no deception from the beginning. The court allowed the application, quashed the Sessions Case, and discharged the applicant.
Headnote
A) Criminal Law - Rape - Promise of Marriage - Section 376(2)(n) IPC - Consent - The court examined whether physical relations established on a promise of marriage constitute rape when the promise is breached. Held that for an offence under Section 376(2)(n) IPC, the promise must be false from the inception, and the accused must have had no intention to marry from the beginning. In this case, the relationship was long-standing, the victim continued the relationship even after knowing the applicant's engagement, and there was no material to show that the promise was false at the time it was made. (Paras 7-10) B) Criminal Law - Cheating - Section 417 IPC - Deception - The court held that for an offence of cheating, there must be deception from the very beginning. Since the victim was aware of the applicant's engagement and still continued the relationship, there was no inducement or deception. The charge under Section 417 IPC was also not made out. (Para 11) C) Criminal Procedure - Discharge - Section 227 CrPC - Prima Facie Case - The court reiterated that at the stage of framing of charge, the court is required to consider whether there is sufficient ground for proceeding against the accused. If the material on record does not disclose a prima facie case, the accused is entitled to be discharged. In this case, the Sessions Court erred in rejecting the discharge application as the material did not make out a case for the offences alleged. (Paras 12-13)
Issue of Consideration
Whether the Sessions Court erred in rejecting the discharge application under Section 227 CrPC when the material on record does not disclose a prima facie case for offences under Sections 376(2)(n) and 417 IPC.
Final Decision
The application is allowed. Sessions Case No.569/2019 arising out of FIR No.213/2019 registered with Police Station Beltarodi, Nagpur is quashed and set aside. The applicant is discharged from the offences.
Law Points
- Consent based on promise of marriage
- false promise from inception
- Section 376(2)(n) IPC
- Section 417 IPC
- quashing of criminal proceedings
- discharge under Section 227 CrPC
