Case Note & Summary
The applicant, Shyjeesh K. Thomas, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashment of Crime No. 63 of 2020 registered at City Police Station, Shirpur, and the consequential charge-sheet bearing No. 30 of 2020, which gave rise to Sessions Case No. 57 of 2021 pending before the learned Sessions Judge, Dhule. The respondent No. 2, Rubi Pulikkal Ravi, had filed a private complaint under Section 156(3) CrPC before the Judicial Magistrate First Class, Shirpur, alleging that the applicant, a computer teacher at the same school, promised to marry her and forcibly maintained physical relations with her on false assurances of marriage. She also alleged that the applicant borrowed money from her and forced her to undergo an abortion. The Magistrate directed the police to register an FIR, leading to the registration of the crime and subsequent charge-sheet under Sections 376, 417, 420, 406 of the Indian Penal Code, 1860 (IPC), Sections 3 and 4 of the Dowry Prohibition Act, 1961, and Sections 5 and 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). The applicant sought quashing of the FIR and charge-sheet on the ground that the complainant was a consenting adult and there was no evidence of a false promise from the inception. The court analyzed the allegations and found that the complainant was a mature woman aged 32 years, a teacher, and had two children. She continued the relationship even after the applicant got married in February 2020, which indicated that her consent was not vitiated by any false promise. The court held that the essential ingredient of rape under Section 375 IPC, i.e., lack of consent or consent obtained by misconception of fact, was not made out. The court also noted that there were no allegations of dowry demand or payment, and the POCSO Act was not applicable as the complainant was an adult. Consequently, the court allowed the application and quashed the FIR and charge-sheet.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The court examined whether the FIR and charge-sheet alleging rape on false promise of marriage and other offences should be quashed. Held that where the complainant was a consenting adult and there is no evidence that the promise to marry was false from the inception, the ingredients of rape under Section 375 IPC are not made out. The court quashed the FIR and charge-sheet. (Paras 1-10) B) Indian Penal Code - Rape - Consent - Section 375 and 376 IPC - Promise to Marry - The court considered whether sexual relations on a promise to marry amounts to rape. Held that if the promise was not false from the beginning and the woman consented freely, it is not rape. The court found that the complainant was a mature woman who continued the relationship despite knowing the accused's marriage, and there was no evidence of initial fraudulent intent. (Paras 5-9) C) Indian Penal Code - Cheating - Section 417 and 420 IPC - The court examined whether the accused cheated the complainant by promising marriage. Held that since the complainant was aware of the accused's marriage and continued the relationship, there is no deception. The charge of cheating is not made out. (Para 9) D) Dowry Prohibition Act, 1961 - Sections 3 and 4 - The court found no allegations of demand or payment of dowry, and thus the provisions of the Dowry Prohibition Act are not attracted. (Para 9) E) Protection of Children from Sexual Offences Act, 2012 - Sections 5 and 6 - The court noted that the complainant was an adult, and the POCSO Act is not applicable. (Para 9)
Issue of Consideration
Whether the FIR and charge-sheet alleging rape on false promise of marriage and other offences should be quashed under Section 482 CrPC when the complainant was a consenting adult and there is no evidence of false promise from the inception.
Final Decision
The court allowed the application and quashed Crime No. 63 of 2020, charge-sheet No. 30 of 2020, and Sessions Case No. 57 of 2021.
Law Points
- Section 482 CrPC
- quashing of FIR
- promise to marry
- consent
- Section 375 IPC
- Section 376 IPC
- Section 417 IPC
- Section 420 IPC
- Section 406 IPC
- Section 3 and 4 of Dowry Prohibition Act
- 1961
- Section 5 and 6 of Protection of Children from Sexual Offences Act
- 2012
