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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Shubham Parmar – Appellant
Versus
Kashish Sharma – Respondent
| Table of Content |
|---|
| 1. quashing fir sought on post-divorce compromise (Para 1 , 2) |
| 2. rape alleged via false marriage promise, mms blackmail (Para 4 , 9 , 10 , 11) |
| 3. fir registered, charges filed, no objection post-divorce (Para 5 , 7 , 8) |
| 4. false marriage promise vitiates consent only if mala fide initially (Para 12 , 13 , 14) |
| 5. consensual relations; continuation abuses process (Para 15 , 16 , 17 , 22 , 23) |
| 6. quash grave charges on unequivocal compromise, no pursuit (Para 18 , 20 , 21) |
| 7. fir and proceedings quashed (Para 24 , 25) |
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 ente
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.
Consent under fear or misconception and the immediate relevance of false promise to marry in establishing the vitiation of consent.
The main legal point established in the judgment is the requirement to prove that the promise of marriage was false, given in bad faith, and with no intention of being adhered to at the time it was g....
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....
The distinction between consensual relationships and rape allegations is critical; failure to fulfill a marriage promise alone does not constitute rape absent of proof of bad faith or coercion.
When there is allegation that sexual relationships were made on the basis of false promise of marriage, then it has to be established that promise of marriage was a false promise, given in bad faith ....
FIR alleging rape on false marriage promise quashed where consensual adult relationship sours, complainant married and ineligible to remarry, no evidence of vitiated consent or initial deceit.
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 held that the FIR for rape was quashed as the relationship was consensual, and continuation of proceedings would cause undue prejudice, affirming the importance of consent and the role of c....
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