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SUBHENDU SAMANTA
In Re: An application under Section 482 of the Code of Criminal Procedure Ran Vijay Azad@ Ranvijay Azad – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Subhendu Samanta, J.
1. This is an application u/s 397/401 read with Section 482 of the Code of Criminal Procedure for quashing a criminal proceeding being Sessions Case No. 114(7) 2022 arising out of Matigara Police Station Case No. 1190 of 2021 dated 16th of October, 2021 u/s 417/376 of IPC currently pending before the Learned Additional District and Sessions Judge, 1st Track Court at Siliguri.
2. The brief fact of the matter is that the respondent No. 2 lodged a written complaint on 16th October 2021 with the OC Matigara PS, containing inter alia that on 10th February, 2019 the petitioner bring de facto complainant at his PWD quarter Siliguri, and in a mandir/temple, he put vermilion at forehead of de facto complainant and also put a mangalsutra. It has been assured by the petitioner that he will marry her later on. Thereafter the petitioner started cohabitation with de facto complainant, thereafter the petitioner sent the de facto complainant to her house and he left for Sikim. It is the further contained of the petition of compliant that thereafter they started residing at different guest house in Siliguri as a husband and wife thereafter the date of registration of Ma
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 obtained under a misconception of fact does not constitute valid consent under Section 90 IPC; a consensual relationship does not amount to rape.
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.
Section 375 of IPC states that a man is said to commit rape if he has had any form of sexual intercourse without consent of a woman.
Consent obtained under a false promise of marriage is vitiated and does not constitute valid consent under Section 90 of IPC.
Rape, cheating and stalking – Criminal case cannot be quashed when there are serious factual disputes.
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