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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Narsangji S/o Javanji Thakor – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
J. C. DOSHI, J.
1. To anonymized the identity of the complainant, she is referred to as “victim” in the present judgment. Further, Registry of this Court is directed to delete her name from the records and replaced with the word “victim”.
2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioners prayed for quashing and setting aside FIR being C.R.No.I – 11217026200102 registered with Patan Taluka Police Station, for the offences punishable under Sections 376(1), 506(2) and 114 of the IPC, u/s 67-A of the I.T. Act as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioners herein.
3. Brief facts of the case are as under:-
3.1 As per the complaint, the respondent No.2 aged about 35 years, residing at village Chandrumana, Taluka District Patan was married with Patel Harshadbhai Laljibhai before twenty years and out of wedlock, she has two children. Elder is daughter Aartiben and younger one is son Himanshu. Her parental house is at Bareja, Ramdevnagar, Dascroi She is at present staying with her parents at Bareja on account of matrimonial disputes with her
The relationships alleged in the FIR were consensual, with no evidence supporting non-consensual acts, leading to the quashing of the FIR for rape.
Consent in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
Consent obtained under a misconception of fact does not constitute valid consent under Section 90 IPC; a consensual relationship does not amount to rape.
Consent under Section 375 cannot be considered valid if based on a false promise of marriage if the promise was not made with fraudulent intent from the outset. Subsequently, a prolonged consensual r....
Marriage can negate prior allegations of rape if the parties have entered into a valid marital relationship, preventing abuse of legal process.
The court established that consent obtained under a false promise of marriage does not automatically constitute rape without evidence of mala fide intent.
Rape – A married lady is not supposed to betray her husband by entering into physical relationship with another man.
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