Back
B. V. NAGARATHNA, UJJAL BHUYAN
Pramod Kumar Navratna – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
NAGARATHNA, J.
Leave granted.
2. This appeal arises out of order dated 03.03.2025 passed by the High Court for the State of Chhattisgarh at Bilaspur in WPCR No.117/2025 dismissing the Writ Petition filed under Article 226 of Constitution of India preferred by the accused-appellant herein and thereby refusing to quash the proceedings arising out of the FIR No.213/2025 dated 06.02.2025 registered at Sarkanda Police Station, District Bilaspur under Section 376(2)(n) of the Indian Penal Code, 1860 (for short, “IPC”) that was registered by the complainant-respondent No.3.
3. Briefly stated, the facts of the case are that the complainant- respondent No.3, an Advocate by profession, solemnized marriage with one Mitendra Kumar Dhirde on 02.06.2011 and subsequently gave birth to a boy named Ojash on 12.04.2012. Thereafter, owing to matrimonial discord between the couple, the husband sought divorce by filing the divorce petition Civil Case No.F/232A/2018 against the complainant-respondent No.3 on 10.12.2018 under Section 13(1)(ia) of Hindu Marriage Act, 1955 before the Family Court, Raigarh, Chhattisgarh. The contentions and grievances of the parties in the said divorce petition are n
(1) Rape – Sexual intercourse on false promise of marriage – Mere fact that parties indulged in physical relations pursuant to a promise to marry will not amount to rape in every case.(2) Rape – Offe....
Consensual sexual relationships do not constitute rape even if they are based on a promise of marriage that was not fulfilled, unless there is evidence of fraudulent intent.
Section 375 of IPC states that a man is said to commit rape if he has had any form of sexual intercourse without consent of a woman.
Consent obtained under a false promise of marriage does not constitute rape if the accused had no intention to deceive at the time of the promise.
(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....
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.
The distinction between consensual relationships and rape allegations is critical; failure to fulfill a marriage promise alone does not constitute rape absent of proof of bad faith or coercion.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
