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SANJAY KUMAR, K. VINOD CHANDRAN
Ankit Tomar – Appellant
Versus
State of Haryana – Respondent
ORDER
Leave granted.
2. The appellant, accused under Section 376 (2)(n) and Section 506 of the Indian Penal Code [For brevity ‘the IPC ’], was arrested and then released on bail by order of the Punjab & Haryana High Court (Annexure P3). Later, he filed an application to quash the FIR under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 relying on the decision in Amol Bhagwan Nehul v. State of Maharashtra and Anr, 2025 SCC Online SC 1230. By the impugned order, the High Court rejected the same finding distinction on facts insofar as in the present case there was allegation of physical relationship on false pretext of marriage and impregnation.
3. We heard Sh. Romil Pathak, learned counsel appearing for the appellant and Sh. Alok Sangwan, Senior AAG appearing for the respondent.
4. Learned counsel for the respondent-State would contend that the trial has not commenced and the Forensic Science Laboratory report of the DNA profile test conducted of the child, born out of the relationship, is pending. It is also pointed out that the child is no more, and the complainant is now separated from her husband.
5. We have gone through the FIR in the above case, wherein the complainan
Consent in a sexual relationship negates allegations of rape when no coercion or misrepresentation is found, even in instances of promises of marriage.
Prolonged consensual relationships cannot be criminalized for alleging false promises of marriage; consent under mistaken beliefs must be properly substantiated.
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.
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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