The validity of consent in cases of sexual intercourse, especially in the context of false promise of marriage, is determined based on the active and reasoned deliberation towards the proposed act and the presence of a misconception of fact.

JUDGMENT :

M.G. Sewlikar, J.

1. Rule. Rule is made returnable forthwith. Learned A.P.P. and the learned advocate for the respondent no.2 waive service. With the consent of the parties both the matters are heard finally at the stage of admission.

2. Both these applications are being disposed of by common judgment as they arise out of the same crime.

3. Factual matrix involved in these two applications can be briefly stated as under.

4. The informant was working in Ericsson Company, Kolkata since 18.12.20212. She got acquainted with applicant in application no.3781/19 (hereinafter referred to as ‘A’). Applicant nos.1 and 2 in application no.2040/19 are the parents of ‘A’ and applicant no.3 in application no.2040/19 is the sister of ‘A’. (Applicant nos.1, 2 and 3 in application no.2040/19 are hereinafter referred to as father, mother and sister respectively).

5. It is further alleged in the FIR that the informant got acquainted with the ‘A’. ‘A’ used to visit her house on one or the other pretext. On 14.02.2013 ‘A’ proposed the informant. In the month of March-2013 the informant went to Delhi as ‘A’ had called her at Delhi and had purchased an air ticket for her. Both of them had gone to Shimla for sight seeing / picnic. At that time, both of them had stayed in one room. ‘A’ asked for sexual favour. She refused as both of them were not married to each other. ‘A’ put a ring into her finger and took her to a temple at Shimla and after chanting of mantras by the priest applied vermilion (kunku) on her forehead and declared that they were married. Thereafter, he had sexual intercourse with her. Thereafter, ‘A’ avoided to marry her on the ground that he would marry her after the marriage of his elder sister. He always treated her as his wife. In the marriage of his elder sister, she was treated like a family member. She had financially helped ‘A’ in the marriage of his elder sister. Her father met the parents of ‘A’ but the mother refused to get her married to ‘A’ on the ground that she belongs to a low caste and that she should pay Rupees Fifty Lakhs if at all she wanted to marry ‘A’. When she had gone to meet the parents of ‘A’, parents of ‘A’ and his sister abused and turned her out of the house. During the period from 03.01.2019 to 07.01.2019 she was called by ‘A’ to his house at Ausa Road, Latur and had sexual intercourse with her. On 22.03.2019, she had been to Latur as ‘A’ was posted there. When she opened the subject of marriage, ‘A’ asked her to wait till 24.03.2019. On 24.03.2019 he refused to marry her and beat her on the road, therefore she lodged this complaint on 25.03.2019 against the applicants in both the applications on the basis of which FIR came to be registered under Section 376, 323, 506 read with Section 34 of the I.P.C. against the applicants in both the applications. After the investigation charge-sheet came to be filed. The applicants in both the applications have sought quashing of the charge-sheet under Section 482 of the Cr.P.C. in these two applications.

6. Heard Shri Prashant Nagargopje learned counsel for the applicants in both the applications, Shri G.O. Wattamwar learned APP for the State and Shri V.B. Patil learned counsel for the respondent no.2.

7. Shri Nagargoje submitted that on perusal of entire FIR, it is clear that sexual intercourse was with the consent of the informant. He submitted that there is no evidence to show that ‘A’ had the intention to deceive the informant or that he had the intention of not marrying her right from the beginning. He further submitted that the informant did not submit herself for medical examination as she feared that truth would come out. He submitted that the contents of the FIR show that the parents of ‘A’ were against the marriage of ‘A’ with informant. Despite being aware of the opposition of the parents of ‘A’, she continued physical relations with ‘A’. He submitted that the informant kept the physical relations with ‘A’ knowing full well about the consequence of he