IMPORTANT POINT
Rape, cheating and stalking – Criminal case cannot be quashed when there are serious factual disputes.

ORDER

The Criminal Petition is filed by the petitioner/Accused, under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.) to quash the P.R.C.No.38/2022 on the file of Judicial Magistrate of First Class, Special Mobile Court, Vizianagaram.

2. The case of the petitioner is that he was shown as accused in P.R.C.No.38/2022 on the file of Judicial Magistrate of First Class, Special Mobile Court, Vizianagaram, for the offence under sections 376, 417, 420 and 354 (D) of Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C.’).

3. The 2nd respondent presented a report to Women Police Station, Vizianagaram, on 20.06.2022 alleging that the 2nd respondent was studying Post Graduation course in Medicine at Nellimerla. The petitioner was senior to the 2nd respondent. He was after the 2nd respondent stating that he loves and intend to marry her. In July 2021, the 2nd respondent went to the flat of the accused located in Sathwik Apartments. At that time, the accused sexually assaulted her on the pretext of marriage. Thereafter he continued the promise to marry her. Subsequently, he had been to his parents at Vijayawada. Later, he was not taking the phone call and avoiding her. When she asked him about the marriage, he said that he will not marry her. She intimated her father. The petitioner was called to Kakinada and asked to marry her. The petitioner refused stating that he has nothing to do with the 2nd respondent. Hence, report to the police.

4. It was registered as a case in Cr.No.150/2022 of Women Police Station, Vizianagaram, for the offence under sections 376, 417, 420 and 354 (D) I.P.C. and investigated into the case. Later, laid police report (charge sheet) before Judicial Magistrate of First Class, Special Mobile Court, Vizianagaram. The learned Magistrate took cognizance and registered the same as P.R.C.38/2022 on the file of Judicial Magistrate of First Class, Special Mobile Court, Vizianagaram.

5. The contention of the petitioner is that even if the entire allegations are taken into consideration, they do not constitute any offence alleged in the charge sheet. The relationship between the petitioner and the 2nd respondent was of consensual in nature. There was no allegation that promise to marry was false at the inception. Subsequent refusal to marry cannot be a basis to say that the petitioner committed the offence. The allegations in the First Information Report and charge sheet do not indicate that the promise alleged to have been made by the petitioner was false.

6. There is a distinction between breach of promise and making a false promise from the inception. Mere breach of promise due to various circumstances cannot be equated with a false promise to marry from the inception. It is a sine qua non to attract the offence alleged in the case.

7. They were in relationship consciously for a period of more than one year. Subsequent events lead to break up the relationship. Therefore, the proceedings initiated against the petitioner have no legal basis. The 2nd respondent was aware of the consequences of having sexual relationship and voluntarily submitted herself. It cannot be a rape as alleged by the 2nd respondent.

8. Due to subsequent unforeseen circumstances beyond control of the petitioner, relationship was broken, hence, it cannot be considered that the petitioner had malafide intention from the beginning. The 2nd respondent made omnibus allegations without any specific accusation. The petitioner after completion of M.S. course, joined in MCH in April 2022. The 2nd respondent presented report after gap of two months with false allegations. It is not a case of cheating or rape as alleged by the 2nd respondent. It was a love affair more than two years and later break up was the opinion of the petitioner and the 2nd respondent, as the marriage is not going to be compatible. Except the oral statement of the 2nd respondent, there is no other evidence. Police registered case without applicat