Case Note & Summary
The case involved a Criminal Writ Petition filed by the petitioner seeking to quash an FIR registered against him for offences under Sections 376(2)(n) and 506 of the Indian Penal Code. The FIR was based on a complaint by Respondent No. 3, who alleged that the petitioner blackmailed her and forced her into a physical relationship under the pretext of marriage. The petitioner contended that the relationship was consensual and that the allegations were false and made with the intent to harass him. The court noted that Respondent No. 3 was married at the time of the relationship and had not initiated divorce proceedings. The court emphasized that there was no evidence to suggest that the petitioner misled Respondent No. 3 into the relationship or that her consent was obtained through deception. The court referred to precedents, including the case of Bhajan Lal, to highlight the necessity of establishing a prima facie case for the alleged offences. Ultimately, the court found that the allegations did not amount to an offence and quashed the FIR and charge-sheet, allowing the petition. The court also directed the payment of legal fees to the advocate representing Respondent No. 3 under the legal aid scheme.
Headnote
A) Criminal Law - Quashing of FIR - Lack of prima facie case - Indian Penal Code, 1860, Sections 376(2)(n), 506 - The court found that the allegations did not constitute an offence as the relationship was consensual and there was no evidence of deception regarding the promise of marriage. The FIR and charge-sheet were quashed to prevent abuse of the legal process. Held that the ingredients of the alleged offences were not established (Paras 13-17).
Issue of Consideration
Whether the FIR and charge-sheet against the petitioner for offences under Sections 376(2)(n) and 506 of the Indian Penal Code should be quashed.
Final Decision
The court allowed the Criminal Writ Petition and quashed the FIR No. 163/2025 and Charge Sheet No. 13/2026, finding no prima facie case established for the alleged offences.
Law Points
- Quashing of FIR
- Consent in relationships
- False promise of marriage
- Abuse of legal process
