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VIKRAM NATH, SANDEEP MEHTA
Batlanki Keshav (Kesava) Kumar Anurag – Appellant
Versus
State of Telangana – Respondent
JUDGMENT :
SANDEEP MEHTA, J.
1. Heard.
2. Leave granted.
3. Despite service of notice, respondent No. 2-de-facto complainant1 [Hereinafter, being referred to as the ‘de-facto complainant’] has not put in appearance.
4. The appellant herein seeks to assail the order dated 13th December, 2022, passed by the High Court for the State of Telangana at Hyderabad2 [Hereinafter, being referred to as the ‘High Court’] whereby the petition3 [Criminal Petition No. 1759 of 2022] filed by the appellant under Section 482 of the Code of Criminal Procedure, 19734 [Hereinafter being referred to as the ‘Cr.P.C.’] seeking quashing of the FIR bearing Crime No. 103 of 2022 registered at the Police Station Madhapur, Cyberabad, for the offences punishable under Section 376(2)(n) of the Indian Penal Code, 18605 [Hereinafter, being referred to as the ‘IPC’] and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 19896 [Hereinafter, being referred to as the ‘SC/ST(POA) Act’] was rejected.
5. Succinctly stated, the facts essential for disposal of the appeal are noted herein-below.
6. The de-facto complainant i.e. respondent No. 2 filed a complaint before Police Station Ma
Rape – Even assuming that accused appellant retracted from his promise to marry complainant, it cannot be said that he indulged in sexual intercourse with de-facto complainant under a false promise o....
The court emphasized that the power to quash an FIR should be exercised sparingly and with circumspection, and that criminal proceedings should not be scuttled at the initial stage unless there is a ....
The court established that a promise of marriage coupled with sexual intercourse can constitute grounds for prosecution under sexual offence laws, necessitating a trial.
It is necessary to examine FIR, statement recorded under Section 161 and 164 of Cr.P.C. before Judicial Magistrate First Class to find out correct factual matrix of issue - Sum and substance of decis....
The main legal point established is the power of the High Court to quash criminal proceedings under Section 482 of the CrPC if they are manifestly frivolous or vexatious, and if instituted with an ul....
The High Court's power to quash FIRs is limited and should only be exercised in rare cases where allegations do not constitute a cognizable offence.
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