S. Rajadurai vs State (NCT) of Delhi - 2023 Supreme(Del) 5684

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 5684

SWARANA KANTA SHARMA
S. Rajadurai – Appellant
Versus
State (NCT) of Delhi – Respondent

Advocates appeared:
Ms. S. Selva Kumari, Advocate, for the Petitioner.
Ms. Rupali Bandhopadhya, ASC, for the State with SI Durgesh and Mr. Akshay Kumar and Mr. Abhijeet Kumar, Advocates.
Mr. Varun Kumar, Mr. M.D. Jangra and Mr. Shitanshu, Advocates, for R-2.

Judgement Key Points

The FIR No. 725/2022 registered at Police Station Bindapur, Delhi, under Sections 376/323/506/509/427 IPC, and all consequential proceedings emanating therefrom, were quashed. (!) (!)

The writ petition under Article 226/227 of the Constitution read with Section 482 Cr.P.C. was accordingly disposed of, along with any pending applications. (!) (!)

The court noted that the complainant's marital status made her ineligible to marry the petitioner, there was no promise of marriage in the live-in relationship agreement, and consent was voluntary and informed, with no basis for the alleged offences (particularly Section 376 IPC, as charges under other sections were not even framed). (!) (!) (!)

JUDGMENT

Index to the Judgment

FACTUAL BACKGROUND

ARGUMENTS ADDRESSED BY THE PARTIES

ANALYSIS AND FINDINGS

i. The `Live-In-Relationship Agreement'

ii. Intricacies of Legal Framework and Boundaries of Personal Lives

The Essence of Live-in-Relationship

Dimensions of Live-in-Relationship

Distinction between `Live-in-Relationship' and `Relationship in Nature of Marriage'

iii. Rape on False Pretext of Marriage vs. Live-in-Relationship Agreement

LEGALITY, MORALITY, JUSTICE & COURTS: ARGUMENT OF ISSUE OF MORALITY RAISED BY PETITONER'S COUNSEL

i. Legality vs. Morality: A Legal Conundrum

ii. Legal Boundaries and Live-In Relationships: Navigating the Interplay of Law and Society

CONCLUSION

Swarana Kanta Sharma, J.

1. The instant writ petition under Article 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed by the petitioner seeking quashing of FIR bearing no. 725/2022, registered at Police Station Bindapur, Delhi for the offences punishable under Sections 376/323/506/509/427 of the Indian Penal Code, 1860 (`IPC') and all consequential proceedings emanating therefrom.

FACTUAL BACKGROUND

2. Brief facts of the case are that the present