FIR for rape on false marriage promise quashed post mutual divorce and compromise; consensual relationship where promise not false ab initio; proceedings abuse of process.

Judgment :

Virender Singh, J.

Petitioners have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) seeking quashing of FIR No. 135 of 2019, dated 16.11.2019, (hereinafter referred to as ‘the FIR in question’), registered under Sections 376, 354, 292, 420, 389, 506, 498-A, 465, 468, 471, 120 of the Indian Penal Code (hereinafter referred to as ‘the IPC’) and Sections 65 , 65A, 66B, 67 and 67A of the Information Technology Act (hereinafter referred to as ‘the IT Act’) with Police Station, Gagret, Distt. Una, H.P. The said relief has been sought on the basis of compromise, having been entered upon between petitioner No. 1 and respondent No. 1.

2. Elaborating their stand, petitioners have submitted that respondent No. 1 has filed petition for divorce under Section 13(1)(1-a), 2(II) of the Hindu Marriage Act, for dissolution of her marriage with petitioner No. 1, in October, 2021. However, later on, the said petition was converted into a petition under Section 13B of the Hindu Marriage Act, 1955, and the marriage between petitioner No. 1 and respondent No. 1 has now been dissolved by way of decree of divorce, which was passed, on the basis of mutual consent of petitioner No. 1 and respondent No. 1, by the Court of learned Addl. Principal Judge-I, Family Court, Una, District Una, H.P., vide order dated 25.6.2025. The copy of the said order has been placed on record, by way of Cr. M.P. No. 4820 of 2025, which has been allowed.

3 It is the further case of the petitioners that during pendency of the proceedings, arising out of FIR in question, compromise has taken place between petitioner No. 1 and respondent No. 1, on 15.10.2024, before the learned trial Court. On the basis of said compromise, it has been pleaded that continuation of the proceedings, arising out of FIR in question, would be nothing, but, abuse of process of law, as the same will not only waste the precious judicial time of the Court, but, also result into unnecessary bickering between petitioner No. 1 and respondent No. 1, as their marriage has now been dissolved, on the basis of their mutual consent.

4. When, put to notice, Police has filed the status report, disclosing therein that from the Court of learned Additional Chief Judicial Magistrate, Amb, District Una, H.P., an application has been received, which was filed, under Section 156(3) of Cr. P.C., alleging the following facts:

“That the complainant is resident of above said address and is having her date of birth 16.09.1998. The accused no.1 Shubam Parmar is resident of village Amboa, Distt. Una (H.P.) whereas accused no.2 Sh. Parmodh Singh Parmar is father of the accused no.1. 2.That the complainant in the year 2018 was the student of B.Tech (Civil) second year in Hydro Engineering College Nagrota Bagwan, Distt. Kangra (H.P.). The accused no.1 and complainant met each other in a fair trade in the month of December 2018 at Daulatpur, PS Gagret. Thereafter accused no.1 Shubam Parmar started exchanging messages through social site instagram with complainant and this happened in the month of December, 2018 onwards. Thereafter both of them fell in love with each other and further met on 02.01.2019 at Bombay Picnic Spot Bharwain road situated in village Sidh Chalehar, Tehsil Amb, Distt. Una (H.P.) about 5/6 Kilometers ahead of Mubarikpur where accused Shubam Parmar offered for performing marriage with the complainant. The co