Case Note & Summary
The applicant, Sachin Vishwnathrao Gawai, filed a criminal application under Section 482 CrPC seeking quashing of FIR No. 173/2017 registered at Police Station Mankapur, Nagpur, for offences under Sections 376 and 417 of the Indian Penal Code. The FIR was lodged by the non-applicant no. 2, Samiksha Tayde, alleging that the applicant promised to marry her and on that pretext established sexual relations, thereby committing rape. The applicant contended that the allegations were false and that he was a Business Officer in Ratna Sagar Private Limited, Gujarat. The court heard arguments from both sides. The applicant's counsel argued that even if the allegations were taken as true, no offence under Section 376 IPC was made out, citing a previous decision. The non-applicant's counsel submitted that the applicant had sexual intercourse under a promise of marriage, that marriage documents were prepared, and that the applicant failed to appear on the fixed date in court. The court analyzed the FIR and found that the complainant's own allegations indicated that the promise of marriage was genuine, as marriage documents were prepared and a date was fixed in court. The court held that the consent was not vitiated by a false promise from the inception, and therefore no offence under Section 376 IPC was disclosed. The court also noted that the offence under Section 417 IPC (cheating) was not made out as the promise was not false. Consequently, the court quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Law - Rape - Promise of Marriage - Section 376 Indian Penal Code, 1860 - Consent obtained on a false promise of marriage may amount to rape if the promise was false from inception, but if the promise was genuine and later breached, it does not constitute rape - The court examined the FIR and found that the applicant had prepared marriage documents and fixed a date in court, indicating a genuine promise, and thus the consent was not vitiated - Held that the FIR did not disclose an offence under Section 376 IPC and was liable to be quashed (Paras 2-5).
Issue of Consideration
Whether the allegations in the FIR, even if taken at face value, constitute an offence under Section 376 IPC when the complainant consented to sexual intercourse on a promise of marriage that was allegedly breached later.
Final Decision
The court allowed the application and quashed FIR No. 173/2017 registered with Police Station Mankapur, Nagpur, and all proceedings arising therefrom.
Law Points
- Promise of marriage
- consent
- rape
- quashing of FIR
- Section 376 IPC
- Section 417 IPC
