Case Note & Summary
The applicants, six individuals including Shankar Baliram Hatwar and others, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 8/2017 registered at Police Station Kanhan, Nagpur, for offences under Sections 307, 376(2)(n), 417, 506 read with Section 34 of the Indian Penal Code. The FIR was lodged by respondent no. 2, Kanchan Pranay Thombre, against the applicants and co-accused Kushal Hatwar. The complainant alleged that co-accused Kushal, a neighbour, developed a love relationship with her since 2013, promised to marry her, and had physical relations with her on that pretext. He also allegedly took obscene videos and photographs and refused to delete them. The complainant got married to another person on 22 May 2017. On 8 September 2017, she visited Kushal's house to request deletion of the clips, and on 9 September 2017, when she was going to lodge a police complaint, Kushal and others allegedly attempted to murder her. The applicants contended that they were falsely implicated, the relationship was consensual, and the complaint was filed belatedly after four years. The court examined the FIR and found that the complainant had a consensual relationship with Kushal for four years, and the complaint was filed only after Kushal refused to marry her. The court held that the allegations did not make out an offence under Section 376 IPC as the relationship was consensual and the promise to marry was false from the beginning. The allegations under Section 307 IPC were vague and unsupported. The court quashed the FIR against all applicants, observing that continuing the prosecution would be an abuse of process of law.
Headnote
A) Criminal Law - Quashing of FIR - Consensual Relationship - False Promise of Marriage - Sections 376, 417, 506, 307, 34 IPC - The applicants sought quashing of FIR alleging rape and attempt to murder. The court found that the relationship between the co-accused and the complainant was consensual and continued for four years. The complainant married another person and filed the complaint only after the co-accused refused to marry her. Held that no offence under Section 376 IPC is made out as the promise to marry was false from the beginning, but the relationship was consensual. The FIR was quashed. (Paras 2-6) B) Criminal Law - Delay in Lodging FIR - Quashing - The FIR was lodged in 2017 for incidents dating back to 2013. The court noted the unexplained delay and held that it vitiated the prosecution case. (Para 3) C) Criminal Law - Attempt to Murder - Section 307 IPC - The allegations of attempt to murder were vague and unsupported by evidence. The court found no prima facie case for Section 307 IPC. (Para 6)
Issue of Consideration
Whether the FIR alleging offences under Sections 307, 376(2)(n), 417, 506 read with Section 34 IPC should be quashed when the relationship was consensual and the complaint was filed after a delay of four years.
Final Decision
The court allowed the application and quashed FIR No. 8/2017 registered at Police Station Kanhan, Nagpur, for offences under Sections 307, 376(2)(n), 417, 506 read with Section 34 IPC against all applicants.
Law Points
- Consensual relationship
- false promise of marriage
- delay in lodging FIR
- quashing of FIR
- Section 482 CrPC
- Section 376 IPC
- Section 307 IPC
- Section 417 IPC
- Section 506 IPC
