Case Note & Summary
The petitioner, Sunil Patil, filed a criminal petition under Section 482 CrPC seeking quashing of FIR No. 183/2022 registered by Annapoorneshwari Nagar Police Station for offences under Sections 376, 417, 323, and 504 IPC. The complainant, Ranjitha, alleged that the petitioner befriended her, had sexual relations on the promise of marriage, and later assaulted and abused her. The High Court examined the FIR and the complaint and found that the relationship was consensual, as the complainant was an adult and there was no evidence of force or fraud. The court noted that the complainant had voluntarily continued the relationship for a period, and the allegations did not make out a prima facie case of rape. The court also observed that the complainant's counsel remained absent despite multiple opportunities. Consequently, the court quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Law - Quashing of FIR - Section 482 CrPC - Consensual Relationship - FIR for rape and other offences quashed where relationship was consensual and there was no prima facie case of rape - Held that where the relationship is consensual and there is no evidence of force or fraud, the ingredients of Section 376 IPC are not attracted (Paras 5-7).
Issue of Consideration
Whether the FIR for offences under Sections 376, 417, 323, 504 IPC should be quashed when the relationship was consensual and there was no prima facie case of rape.
Final Decision
The petition is allowed. FIR No. 183/2022 registered by Annapoorneshwari Nagar Police Station and all proceedings arising therefrom are quashed.
Law Points
- Consent
- Quashing of FIR
- Section 482 CrPC
- Rape
- Breach of Promise to Marry
- Criminal Law
Case Details
Sri Venkatesh P Dalwai for petitioner, Sri Thejesh P. for respondent No.1, Sri Balu P. for respondent No.2
State by Annapoorneshwari Nagar P.S. and Ranjitha
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Nature of Litigation
Criminal petition under Section 482 CrPC for quashing of FIR
Remedy Sought
Quashing of FIR No. 183/2022 registered by Annapoorneshwari Nagar Police Station
Filing Reason
Allegations of rape, cheating, assault, and criminal intimidation
Previous Decisions
Issues
Whether the FIR discloses a prima facie case of rape under Section 376 IPC?
Whether the relationship was consensual?
Submissions/Arguments
Petitioner argued that the relationship was consensual and no offence of rape is made out.
Respondent No.2 (complainant) remained absent despite opportunities.
Ratio Decidendi
Where the relationship is consensual and there is no evidence of force or fraud, the ingredients of Section 376 IPC are not attracted, and the FIR can be quashed under Section 482 CrPC.
Judgment Excerpts
The petitioner-sole accused calls in question registration of a crime in Crime No.183 of 2022 registered for offences punishable under Sections 376, 417, 323 and 504 of the IPC.
The learned counsel appearing for the 2nd respondent/complainant has remained absent and as a last chance, the matter was directed to be listed today. The learned counsel remains absent even today.
The 2nd respondent is the complainant. The petitioner and the 2nd respondent befriended each other.
Procedural History
The petitioner filed a criminal petition under Section 482 CrPC on 11.07.2022 seeking quashing of FIR. The matter was listed for admission and heard on 11.06.2024.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 376, 417, 323, 504
- Code of Criminal Procedure, 1973 (CrPC): 482
