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BIRENDRA KUMAR
Yadram – Appellant
Versus
State of Rajasthan, Through PP – Respondent
JUDGMENT
Birendra Kumar, J. - Respondent no.2 Ranveer in S.B. Criminal Misc. Petition No.3946/2022 has brought this application under Section 482 Cr. P.C., for recalling of order dated 24.05.2022 passed in S.B. Criminal Misc. (Petition) No.3946/2022, whereby this Court had quashed FIR No.415/2021 under Section 366 IPC registered with Pahari Police Station in the district of Bharatpur.
2. Contention of the applicant is that he is informant of the aforesaid FIR. Though, he was party respondent no.2 in Criminal Misc. Petition No.3946/2022, however, he could not appear and contest the said case as he was in jail in some other case. It is a fact that respondent no.2 had not appeared and contested the proceedings when order dated 24.05.2022 was passed in S.B. Criminal Misc. No.3946/2022.
3. A brief background is that applicant Ranveer had lodged the aforesaid FIR alleging therein that his wife was abducted by the accused persons, who were petitioners in S.B. Criminal Misc. Petition No.3946/2022. The wife was respondent no.3 in the said criminal misc. petition. She appeared in court alongwith an affidavit wherein she specifically stated that no one had abducted her, rather she was in live-in
The court established that consensual relationships do not constitute abduction, and without evidence of remarriage, related offenses under IPC are not applicable.
A marriage between the accused and victim can be grounds to quash a FIR for rape under certain circumstances, emphasizing the balance between justice and social welfare.
Consensual sexual intercourse is not rape.
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....
A consensual relationship between adults who are fully aware of each other's marital status does not constitute an offense under the relevant laws, thereby quashing the related FIR.
A consensual relationship does not constitute rape unless it is shown that consent was obtained through deceit or coercion, with no intention of marriage from the beginning.
The court ruled that allegations of rape under Section 376 IPC were not established, allowing quashing of the FIR based on the consensual nature of the relationship and the parties' subsequent marria....
The court ruled that a consensual relationship, despite marital status, does not constitute a criminal offense under applicable law, emphasizing mutual consent and awareness in all interactions.
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