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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR
Arpit Naraniwal S/o Sampat Naraniwal – Appellant
Versus
State Of Rajasthan, Through – Respondent
ORDER :
1. By this common order, challenge laid by the petitioners to three different FIRs under various sections of IPC, 1860 (BNS, 2023) are being decided together.
Brief facts giving rise to S.B. Criminal Misc. Petition No.7570/2024 read as under:
2. By way of filing the instant criminal misc. petition, a prayer has been made by the petitioner to quash and set aside the FIR No.0115/2024 dated 06.02.2024 registered at PS:- Pratap Nagar, Bhilwara, District:- Bhilwara at the instance of the respondent No.2- ‘S’.
3. In the impugned FIR, it has been alleged that the petitioner met with the complainant- respondent No.2 about 06-07 years prior to the date of the lodging of the FIR and started following and pressurizing her to become his friend. When the respondent No.2 did not agree to the proposal of the petitioner’s friendship, the petitioner in order to entrap the complainant, gave her fictitious assurance of marriage and established physical relations with her in Landmark Hotel. As per the FIR, the petitioner thereafter, on multiple occasions made physical relations with the complainant on a false pretext of marriage. In the meantime, the complainant-respondent No.2 continued to reques
Consent obtained under false promises of marriage is invalid under Section 90 IPC, warranting further investigation into allegations of sexual offences.
Sexual intercourse on false pretext of marriage – Consent obtained under misconception of fact is not a valid consent.
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