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SANJAY KAROL, MANOJ MISRA
Ravish Singh Rana – Appellant
Versus
State Of Uttarakhand – Respondent
ORDER :
1. Leave granted.
2. This appeal impugns judgment and order of the High Court of Uttarakhand1[High Court], dated 11.12.2024, by which Criminal Misc. Application No. 922 of 2024 filed by the appellant for quashing FIR No. 482 of 2023 and proceedings arising therefrom, including the cognizance order dated 13.02.2024, has been dismissed.
3. Briefly stated the facts giving rise to the instant appeal are as follows:
(ii) The aforesaid FIR was registered under Sections 3
Rape - Live-in relationship - On the ground of refusal to marry, accused cannot be subjected to prosecution for offence of rape.
Prolonged consensual relationships cannot be criminalized for alleging false promises of marriage; consent under mistaken beliefs must be properly substantiated.
(1) Exercise of inherent jurisdiction – High Court does not have to go in detail by way of minute examination about correctness or otherwise of facts alleged – Court has to examine the same by taking....
Consent in a sexual relationship negates allegations of rape when no coercion or misrepresentation is found, even in instances of promises of marriage.
Consensual relationships cannot be classified as rape simply due to a breach of promise to marry; criminal liability requires clear evidence of bad faith or deceit by the accused.
Consent in sexual offences cannot be deemed vitiated unless the promise to marry was false at inception and intended to deceive, which was not established in this case.
The court established that consent obtained under a false promise of marriage does not automatically constitute rape without evidence of mala fide intent.
A breach of promise to marry does not constitute rape unless it can be proven that the promise was made with intent to deceive from the outset.
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