Case Note & Summary
The petitioner, Mahendra Ladu Sawant, was an accused in FIR No.151/2018 lodged on 01/11/2018 under Section 376 IPC (rape) based on a complaint by respondent No.3, Dipashree Walawalkar. The petitioner filed a criminal writ petition under Section 482 CrPC seeking quashing of the FIR. The petitioner's counsel argued that the complainant and the accused were in a love relationship and were staying together, and the physical contact was consensual without any promise of marriage. It was submitted that the complaint was filed only when the complainant suspected another girl in the petitioner's life. The counsel relied on several Supreme Court decisions, including Shambhu Kharwar v. State of Uttar Pradesh, Sonu alias Subhash Kumar v. State of Uttar Pradesh, Dr. Dhruvaram Murlidhar Sonar v. State of Maharashtra, and Pramod Suryabhan Pawar v. State of Maharashtra, to argue that a mere breach of promise does not constitute rape unless the promise was false from the inception. The Court, after hearing the parties, found that the allegations in the FIR and the material on record did not disclose the ingredients of Section 375 IPC. The relationship was consensual, and there was no evidence of a false promise of marriage made with the intention to cheat. Accordingly, the Court allowed the petition and quashed the FIR.
Headnote
A) Criminal Law - Rape - Quashing of FIR - Section 482 CrPC, Section 375 IPC, Section 376 IPC - Consensual Relationship - The petitioner-accused sought quashing of FIR under Section 376 IPC on the ground that the relationship was consensual and there was no false promise of marriage. The Court held that where the complainant and accused were in a love relationship and physical relations were consensual, and there was no evidence of a false promise of marriage from the inception, the ingredients of Section 375 IPC are not made out. The FIR was quashed. (Paras 3-10) B) Criminal Law - Promise of Marriage - Breach vs. False Promise - Section 375 IPC - The Court distinguished between a mere breach of promise and a false promise made with the intention to cheat. Relying on precedents, it held that if the promise was not false from the inception, the case does not constitute rape. (Paras 5-10)
Issue of Consideration
Whether an FIR under Section 376 IPC can be quashed when the complainant and accused were in a consensual relationship and there was no false promise of marriage from the inception.
Final Decision
The Court allowed the petition and quashed FIR No.151/2018 under Section 376 IPC.
Law Points
- Consent
- False Promise of Marriage
- Quashing of FIR
- Section 482 CrPC
- Section 375 IPC
- Section 376 IPC
