IMPORTANT POINT
Rape – A married lady is not supposed to betray her husband by entering into physical relationship with another man.

JUDGMENT :

Rajesh Bindal, J.

1. The appellant in the present case is aggrieved of the order,¹[Order dated 01.08.2022] passed by the High Court,²[High Court of Madhya Pradesh at Jabalpur] whereby a petition,³[M.CR.C. No. 15992 of 2021] filed by him under Section 482 Cr.P.C. for quashing of FIR,⁴[FIR No. 52 dated 11.12.2020 registered at P.S. Mahila Thana, Dist. Satna, (M.P.) under Sections 376(2)(n) and 506 IPC] was dismissed.

2. Learned counsel for the appellant submitted that the FIR in the case in hand, which was got registered by respondent No.2/complainant is nothing else but an abuse of process of law. The complainant was a married lady having a grown up daughter of 15 years of age living with her parents. Claiming that in the same house, the appellant was having physical relations with her with the consent of her parents and daughter will be hard to believe that too when she was already married. There could not be any question of promise to marry given by the appellant to her at that stage. There are large discrepancies in the complaint made to the police on the basis of which the FIR was registered if considered in the light of the statement which the complainant got recorded under Section 164 Cr.P.C. The relations between the parties are shown to be consensual, if any. The mis-statement by the complainant is evident from the fact that she claimed to have got divorce from the earlier marriage on 10.12. 2018 and married with the appellant in a temple in January 2019 but it is belied from the fact that decree of divorce from the earlier marriage of the complainant was passed only on 13.01.2021. There was no question of any marriage prior thereto. The initiation of proceedings against the appellant being an abuse of process of law deserve to be quashed. In support of the arguments, reliance was placed upon the decisions of this Court in Naim Ahamed v. State (NCT of Delhi), 2023 SCC OnLine SC 89 and Prashant Bharti v. State (NCT of Delhi), (2013) 9 SCC 293.

3. Learned counsel for the State submitted that after investigation, charge-sheet has already been filed. The Courts are normally slow to quash the FIR at that stage. In the case in hand, allegation of rape on false promise to marry is clearly made out. At the stage of quashing, only the contents in the FIR could be seen. On a perusal thereof, a clear case is made out against the appellant.

4. Learned counsel for the complainant submitted that on account of dispute with her husband from the earlier marriage, the complainant was living with her parents. She, at that time, was having a grown up daughter aged 15 years. The appellant was living in their house as a tenant. Finding that the complainant in disturbed matrimonial life, from the advances made by the appellant, the complainant fell in the trap. On a false promise to marry, both had started having physical relations. They had even solemnized marriage in a temple in January 2019. Even her family also knew about their relations and marriage. It was all in good faith on the promise made by the appellant as the appellant had even shown the complainant as a nominee in an insurance policy purchased by him. With these facts on record, a clear case of rape on false promise to marry is made out against the appellant. The FIR does not deserve to be quashed at the initial stage.

5. Heard learned counsel for the parties and perused the paper book.

6. Firstly, we refer to the stand taken by the complainant in the FIR and the statement she got recorded under Section 164 Cr.P.C. There are discrepancies therein.

6.1 In the FIR, she stated that she was managing her own cloth shop. As there was a dispute with her husband, she was living separately. On 10.12.2018, she got divorce from her husband. She has a daughter aged 15 years. In 2017, Sadbhav Company had taken first floor of their house on rent in which the appellant, who was working with the company, stayed. During spare time, he would come and sit on her shop. Gradually, the relations