IMPORTANT POINT
The court affirmed that inherent powers under Section 482 of the Cr.P.C. should be exercised sparingly, and quashing of proceedings is not warranted unless allegations do not constitute a cognizable offence.

ORDER :

1. With the consent of the parties, matter is heard finally.

2. The present petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred by the petitioner for quashment of charge-sheet as well as the entire criminal proceedings pending before the Court of Additional Sessions Judge (FTC)/Special Judge (POCSO Act), District Janjgir-Champa (C.G.) in Sessions Case No. 73/2023.

3. Brief facts of the case is that on 03.03.2023 at 06.10 pm, respondent No. 2 filed a complaint at the Police Station Janjgir, District Janjgir-Champa (CG), alleging therein that she is an aspirant of P.S.C. examination. She met with the petitioner at Ratanpur and developed friendship with him, which led to a proposal of marriage by the petitioner to which she agreed. It was then stated that on her accepting the proposal, the petitioner stated to complete the education and marriage will be performed after getting job. It was alleged that thereafter the petitioner had performed regular sexual intercourse with her at the police line residential quarter. Subsequently, the petitioner backed out from the promise and threatened her for life. On complaint made by respondent No. 2, FIR No. 182/2023 has been registered against the petitioner for offence punishable under Sections 376(2)(n) and 506 of the Indian Penal Code, 1860.

4. After completion of investigation, police filed charge-sheet before the jurisdictional Court under Sections 376(2)(n) & 506 of the IPC, against the petitioner. Meanwhile, the petitioner was granted anticipatory bail by this Hon'ble Court in MCRC (A) No. 434/2023 vide order dated 26.06.2023.

5. Learned counsel appearing for the petitioner contended that the present case being a case where from perusal of the final report/charge-sheet under Section 173 of Cr.P.C. 1973, on its face no offence as alleged is made out against the petitioner and therefore, the final report made by the police authorities is absolutely misconceived and unsustainable in law. He further submits that the story of the prosecution is highly doubtful and is an abuse of process of law on account of the failure to explain the long and unexplained delay in registering the FIR on 03.03.2023. He further submits that the complaint and the material collected in the charge- sheet even remaining un-controverted do not make out a case attracting ingredients of the offence alleged and therefore, the present case falls within the exceptional situations, more particularly as carved out in the judgment Hon'ble Supreme Court in the case of State of Haryana and Others vs. Bhajanlal and Others, 1992 Supp. (1) SCC 335 [Paragraphs 102 (1) and (3)]:

“(1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

(3) Where the uncontroverted allegations made in the FIR or com plaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.”

6. He further submits that while dealing with a case of rape by obtaining consent of the girl under the false promise to marriage the Hon'ble Supreme Court way back in the case of Uday vs. State of Karnataka, (2003) 4 SCC 46, has assessed the nuances of such cases and has cautioned for evaluation of certain aspects decisive in nature so far as veracity of the complaints are concerned while exercising the inherent jurisdiction by the High Courts. He further submits that in light of the above referred proposition of law, the allegation of the petitioner committing sexual intercourse under the false promise of marriage from 03.04.2017 to 28.11.2022, i.e. for almost six years in which the prosecutrix could not assess the alleged ill intention of the petitioner of making a false promise is to be assessed, which in fact turns out nothing short of so absurd and inherently improbable on the