Back
A. S. GADKARI, NEELA GOKHALE
Pramod Dhanji Purabiya – Appellant
Versus
State of Maharashtra Through Bhoiwada Police Station – Respondent
JUDGMENT :
Neela Gokhale, J.
1. Rule. Rule made returnable forthwith. With consent of the parties, the petition is taken up for final hearing.
2. Petitioner seeks quashing and setting aside criminal proceedings bearing Sessions Case No. 692 of 2023 pending before the Additional Sessions Judge, Mumbai arising out of FIR No. 789 of 2022 dated 5th August 2022 registered with the Bhoiwada Police Station, Mumbai for the offences punishable under Sections 376, 376(2)(n), 376(2)(h), 313, 323, 504, 506 of the Indian Penal Code, 1860 (‘IPC’).
3. Upon the statement made on behalf of the Petitioner that the relationship between the parties was of consensual nature and that the FIR was registered after a period of 6 and half years, this Court by its Order dated 12th April 2024 restrained the trial Court from framing charges.
4. Ms. Sana Raees Khan learned counsel represents the Petitioner and Mr. Vinod Chate, learned APP appears for the State. Mr. M.A. Khan represents the victim/ Respondent No. 2.
5. On a perusal of the FIR, at the outset, we indicated to Ms. Khan our reluctance to exercise our jurisdiction under Article 226 of the Constitution of India. Similarly, as the Final Report in the case is
Consent in sexual relationships is vitiated by a false promise to marry, establishing grounds for prosecuting alleged offenses.
Consent in sexual relationships must be unequivocal and voluntary; a false promise to marry vitiates consent, leading to potential criminal liability.
Consent obtained under a misconception of fact does not constitute valid consent under Section 90 IPC; a consensual relationship does not amount to rape.
Consent in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
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
