Case Note & Summary
The appeal arose from a judgment of the High Court of Judicature at Allahabad, which dismissed an application for quashing a charge sheet under Section 376 of the Indian Penal Code. The appellant, Sonu @ Subhash Kumar, challenged the High Court's decision, arguing that the relationship with the second respondent was consensual and that there was no intent to deceive regarding the promise of marriage. The FIR, lodged by the second respondent, detailed a relationship lasting one and a half years, during which the appellant allegedly assured her of marriage. However, upon visiting the appellant's home in Jhansi, she was informed that he did not wish to marry her, leading to the FIR's registration. The court analyzed the FIR and the statement recorded under Section 164 of the CrPC, concluding that the allegations did not establish an offence under Section 376 IPC. The court emphasized that the promise to marry was not false at the inception, and the refusal to marry occurred later. Consequently, the Supreme Court allowed the appeal, quashing the charge sheet and the trial court's cognizance order, stating that the High Court erred in its judgment. The court also noted that no further action would be taken regarding a cross-FIR filed by the appellant against the second respondent.
Headnote
A) Criminal Law - Quashing of Charge Sheet - No Offence Established - Code of Criminal Procedure, 1973, Section 482 - The court found that the relationship between the appellant and the second respondent was consensual and that the promise to marry was not false at inception. The FIR did not establish any offence under Section 376 IPC as the refusal to marry occurred subsequently, leading to the quashing of the charge sheet (Paras 12).
Issue of Consideration
Whether the allegations in the FIR constituted an offence under Section 376 of the Indian Penal Code.
Final Decision
The Supreme Court allowed the appeal, quashed the charge sheet dated 25 April 2018, and set aside the trial court's cognizance order dated 3 October 2018.
Law Points
- Quashing of charge sheet
- consent in relationships
- promise to marry
- Section 376 IPC
- Section 482 CrPC
