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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
NITIN B. SURYAWANSHI, PRAVIN S. PATIL, JJ.
Sachin S/o Kalidas Meshram – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
Nitin B. Suryawanshi, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.
2. By this application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, applicants seek quashing of the First Information Report No.501/2024, registered with Gadge Nagar Police Station, Amravati under Sections 376, 377 read with Section 34 of the Indian Penal Code and the proceedings of Regular Criminal Case No.1065/2024 pending in the Court of learned Judicial Magistrate, First Class, Amravati.
3. The second respondent lodged a written report in short alleging that, her marriage was fixed with applicant no.1 in a traditional way with the consent of the parents and relatives. On 28.5.2023, engagement ceremony took place as per custom. Her parents spent about 7 to 8 Lakhs for engagement ceremony. The date of marriage was fixed as 26.11.2023.
After engagement ceremony, applicant no.1 sexually exploited her in the changing room. Thereafter, during the period between 4.6.2023 to 23.9.2023, they had physical relations at various places on multiple occasions. Applicant no.1 also indulged in oral and unnatural sex with her.
Applicant no.1, while dis
The court ruled that consensual relations do not constitute an offence under IPC, emphasizing that mere breach of promise does not equate to a false promise of marriage.
Consent obtained under false promise to marry could be a consent based on misconception of fact, and such consent would not excuse the offender.
The main legal point established in the judgment is the requirement for an active and reasoned deliberation for consent under Section 375 of the IPC, and the distinction between false promise and bre....
Prolonged consensual relationships cannot be criminalized for alleging false promises of marriage; consent under mistaken beliefs must be properly substantiated.
Consent under Section 375 cannot be considered valid if based on a false promise of marriage if the promise was not made with fraudulent intent from the outset. Subsequently, a prolonged consensual r....
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 an....
The distinction between consensual sexual relations and those arising from deception is critical in determining the applicability of sexual offence laws, emphasizing that consent must be informed and....
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