Back
KULDEEP MATHUR
Arpit Naraniwal – Appellant
Versus
State of Rajasthan, Through Pp – Respondent
ORDER
By this common order, challenge laid by the petitioners to three different FIRs under various sections of IPC, 1860 (BNS, 2023) are being decided together.
Brief facts giving rise to S.B. Criminal Misc. Petition No.7570/2024 read as under:
2. By way of filing the instant criminal misc. petition, a prayer has been made by the petitioner to quash and set aside the FIR No.0115/2024 dated 06.02.2024 registered at PS:- Pratap Nagar, Bhilwara, District:- Bhilwara at the instance of the respondent No.2- ‘S’.
3. In the impugned FIR, it has been alleged that the petitioner met with the complainant- respondent No.2 about 06-07 years prior to the date of the lodging of the FIR and started following and pressurizing her to become his friend. When the respondent No.2 did not agree to the proposal of the petitioner’s friendship, the petitioner in order to entrap the complainant, gave her fictitious assurance of marriage and established physical relations with her in Landmark Hotel. As per the FIR, the petitioner thereafter, on multiple occasions made physical relations with the complainant on a false pretext of marriage. In the meantime, the complainant-respondent No.2 continued to request
Sexual intercourse on false pretext of marriage – Consent obtained under misconception of fact is not a valid consent.
Consent obtained under false promises of marriage is invalid under Section 90 IPC, warranting further investigation into allegations of sexual offences.
The inherent powers of the court can quash criminal proceedings when the victim expresses no desire to proceed, especially following reconciliation and marriage, despite serious charges under IPC.
(1) Exercise of inherent jurisdiction – High Court does not have to go in detail by way of minute examination about correctness or otherwise of facts alleged – Court has to examine the same by taking....
It is necessary to examine FIR, statement recorded under Section 161 and 164 of Cr.P.C. before Judicial Magistrate First Class to find out correct factual matrix of issue - Sum and substance of decis....
The court held that the FIR for rape was quashed as the relationship was consensual, and continuation of proceedings would cause undue prejudice, affirming the importance of consent and the role of c....
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
