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PRABHAT KUMAR SINGH
Anup Lal Soren @ Anup Lal Suren – Appellant
Versus
State of Bihar – Respondent
Prabhat Kumar Singh, J. – This application has been filed for quashing order dated 5.12.2022, passed in Hasanganj Police Station Case No. 139 of 2021/ GR Case No. 5094 of 2021,whereby and whereunder cognizance has been taken against the petitioner for offence punishable under section 376 of the Indian Penal Code.
2. As per the prosecution case as well as 164 Cr.P.C. statement of opposite party no.2, there was love affair between the opposite party no.2 and petitioner since last 10 years which resulted in a very close friendship which extended upto marriage but it could not be solemnized and she was physically assaulted by the petitioner on several occasions. It is further alleged that she became pregnant which was terminated, when the accused joined service in railway, he refused to marry her.
3. While denying the allegations, learned counsel for the petitioner submits that petitioner is quite innocent, has committed no offence and has been falsely implicated in this case on false and concocted allegation. Opposite party no. 2 was appointed as A.N.M (Auxiliary Nurse Midwife) and was posted at Katihar Medical College and Hospital since 2010. Petitioner who is in government service in
The distinction between consensual relationships and rape allegations is critical; failure to fulfill a marriage promise alone does not constitute rape absent of proof of bad faith or coercion.
A breach of promise to marry does not constitute a false promise under Section 376 IPC unless it is shown that the promise was made without intention to uphold it.
Consent in sexual offenses must be based on clear understanding; misconceptions or coercion can vitiate it, but the facts must support the allegations sufficiently to sustain charges.
(1) Rape – Sexual intercourse on false promise of marriage – Mere fact that parties indulged in physical relations pursuant to a promise to marry will not amount to rape in every case.(2) Rape – Offe....
The court can quash criminal proceedings when the parties reconcile and marry, preventing abuse of process and securing justice.
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 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.
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