Case Note & Summary
The applicant, Devendra s/o Vikas Pawar, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Special Case No.543/2022 arising from FIR No.840/2021 registered at Police Station Jaripatka, Nagpur for offences under Sections 376(1)(2)(f)(n) and 506 of the Indian Penal Code, 1860 (IPC). The non-applicant No.2, a mother of two children aged about 16 and 14 years, was residing separately from her husband. She came in contact with the applicant through social media and they developed friendship. On 30/09/2017, the applicant received her at Jalgaon Railway Station and took her to his friend's house. After dinner, the applicant tried to have intercourse with her, but she refused. However, the applicant established physical relations with her. When she threatened to lodge a complaint, the applicant promised to marry her. Thereafter, many times consensual physical relations were established either at Nagpur or at Jalgaon. In February 2021, the non-applicant No.2 became pregnant and at the instance of the applicant, she aborted the foetus using pills. The applicant later refused to marry her, leading to the FIR. The court considered whether the allegations constituted the offence of rape. The court noted that the non-applicant No.2 was a mature woman with two children and had a consensual relationship with the applicant over a period of time. The promise to marry was not false from the inception; it was only later that the applicant refused to marry. The court held that the physical relationship was consensual and no offence of rape was made out. The court also observed that the prosecutrix had not alleged that the consent was given under a misconception of fact. The court quashed the FIR and all criminal proceedings arising therefrom.
Headnote
A) Criminal Law - Rape - Consent - Promise to Marry - Sections 376(1)(2)(f)(n), 506 IPC - Quashing of FIR under Section 482 CrPC - The applicant and the prosecutrix had a consensual physical relationship over a period of time based on a promise to marry. The prosecutrix was a mature woman with two children. The court held that the promise to marry was not false from the inception and the relationship was consensual, thus no offence of rape is made out. The FIR and criminal proceedings were quashed. (Paras 2-14) B) Criminal Procedure - Inherent Powers - Section 482 CrPC - Quashing of Criminal Proceedings - The High Court can quash proceedings if the allegations do not constitute an offence or are an abuse of process. The court found that the allegations, even if taken at face value, did not make out a case of rape as the relationship was consensual. (Paras 2-14)
Issue of Consideration
Whether the FIR and criminal proceedings for rape under Sections 376(1)(2)(f)(n) and 506 IPC can be quashed when the physical relationship was consensual and the promise to marry was not false from the beginning.
Final Decision
The court allowed the application and quashed the FIR No.840/2021 registered at Police Station Jaripatka, Nagpur and all criminal proceedings arising therefrom, including Special Case No.543/2022.
Law Points
- Consent obtained on false promise to marry is not rape if promise was not false from inception
- Section 482 CrPC quashing of FIR
- distinction between rape and consensual sex
- breach of promise to marry not rape
