Case Note & Summary
The applicant, Sachin Shantaram Potude, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR No. 273/2013 registered at Police Station, Wardha for the offence punishable under Section 376 of the Indian Penal Code, 1860. The FIR was lodged by the non-applicant No. 2, Smt. Rani Anil Tidke, alleging that the applicant, who worked in the same office, developed intimacy with her and induced her to have sexual relations on the false promise of marriage. The applicant was married, and the complainant was also married but had left her husband. The applicant's wife, upon learning of the relationship, confronted the complainant. Subsequently, the applicant sent a notice to the complainant, leading to the filing of the FIR. The chargesheet was filed on 26.03.2014, and the case was pending as Criminal Case No. 204/2014 before the Chief Judicial Magistrate, Wardha. The applicant argued that the allegations, even if accepted, did not constitute rape because both parties were married at the time of the relationship, and the promise of marriage could not be considered false from the inception. The Court, relying on the Supreme Court decision in Prashant Bharti v. State of NCT of Delhi, observed that the complainant's own version indicated that both parties had subsisting marriages when the applicant made the promise of marriage. Therefore, the promise was not false from the beginning, and the consent was not vitiated. The Court held that the allegations did not disclose the essential ingredients of the offence under Section 376 IPC. Consequently, the Court allowed the application, quashed the FIR, chargesheet, and all proceedings in Criminal Case No. 204/2014.
Headnote
A) Criminal Law - Rape - False Promise of Marriage - Section 376 Indian Penal Code, 1860 - Quashing of FIR - The Court considered whether sexual relations based on a promise of marriage constitute rape when both parties were married at the time. Held that the promise of marriage cannot be considered false from the inception as both were aware of the subsisting marriages, and thus the consent was not vitiated. The FIR and chargesheet were quashed. (Paras 1-6) B) Criminal Procedure Code - Quashing of Criminal Proceedings - Section 482 Code of Criminal Procedure, 1973 - Inherent Powers - The Court exercised inherent powers to quash the FIR and chargesheet where the allegations, even if taken at face value, did not disclose the essential ingredients of the offence under Section 376 IPC. (Paras 1-6)
Issue of Consideration
Whether the FIR and chargesheet for offence under Section 376 IPC can be quashed when both the complainant and the accused were married at the time of the alleged sexual relationship and the promise of marriage was not false from the inception.
Final Decision
The Court allowed the application and quashed the FIR No. 273/2013, chargesheet No. 83/2014, and all proceedings in Criminal Case No. 204/2014 pending before the Chief Judicial Magistrate, Wardha.
Law Points
- Consent obtained on false promise of marriage is vitiated only if promise was false from inception
- both parties being married at the time of relationship negates the element of deception
- quashing of FIR under Section 482 CrPC when allegations do not constitute offence under Section 376 IPC
