Case Note & Summary
The applicant, Navneet Bangalkar, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of FIR No.0573/2021 registered at Umred Police Station, Nagpur, for offences under Sections 376 (rape) and 417 (cheating) of the Indian Penal Code, 1860 (IPC). The FIR was lodged by the non-applicant No.2, Ankita Morghade, who was engaged to the applicant on 22/02/2021. The marriage was fixed for 13/04/2021 but was postponed due to the second wave of the Covid-19 pandemic and lockdown. It was again fixed for 03/05/2021 but could not take place because the non-applicant No.2 tested Covid positive. On 01/06/2021, the applicant arranged a party at Jungle Retreat Resort, where the non-applicant No.2 and others were present. After the party, the non-applicant No.2 went to the applicant's room, and they had sexual intercourse. The non-applicant No.2 alleged that the applicant was drunk and had intercourse against her consent, under the pretext that she would be his wife after a few days. The applicant contended that the relationship was consensual and that the FIR was an abuse of process. The court examined the allegations and found that the parties were engaged and had a consensual relationship. The court noted that the consent was not induced by a false promise of marriage but was given in the context of an existing engagement. The court held that the ingredients of rape under Section 376 IPC were not made out, as the consent was voluntary. The court also held that the offence of cheating under Section 417 IPC was not attracted. Consequently, the court allowed the application and quashed the FIR.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The court examined whether the FIR alleging rape and cheating should be quashed where the parties were engaged and had consensual sexual relations. Held that the allegations, even if taken at face value, do not make out a case of rape under Section 376 IPC as the consent was not induced by a false promise of marriage but was given in the context of an existing engagement. The FIR was quashed to prevent abuse of process of court. (Paras 1-10) B) Indian Penal Code - Rape - Consent - Section 375, 376 IPC - Promise of Marriage - The court considered the distinction between a false promise of marriage and a breach of promise. Where the parties were engaged and the marriage was postponed due to Covid-19, the sexual intercourse was consensual and did not amount to rape. The court held that the ingredients of Section 376 IPC were not satisfied. (Paras 3-9) C) Indian Penal Code - Cheating - Section 417 IPC - The court held that since the relationship was consensual and there was no inducement by a false promise, the offence of cheating under Section 417 IPC was also not made out. (Para 9)
Issue of Consideration
Whether the FIR for offences under Sections 376 and 417 of the Indian Penal Code, 1860 (IPC) should be quashed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) on the ground that the allegations do not disclose the ingredients of the offences and the relationship was consensual.
Final Decision
The court allowed the application and quashed FIR No.0573/2021 registered at Umred Police Station for offences under Sections 376 and 417 IPC.
Law Points
- Quashing of FIR
- Section 482 CrPC
- Rape
- Consent
- Promise of marriage
- Engagement
- Section 376 IPC
- Section 417 IPC
- Abuse of process of law
