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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Sagar Kumar Gupta, son of Ramnandan Prasad – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. impleading informant due to settlement. (Para 1 , 2 , 3 , 4) |
| 2. counsel's arguments and lack of objections. (Para 5 , 6) |
| 3. legal standards for promise to marry and consent. (Para 7 , 8 , 9 , 10) |
| 4. quashing proceedings to prevent abuse of process. (Para 11) |
| 5. criminal proceedings quashed; petition allowed. (Para 12 , 13 , 14) |
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
I.A. No. 11804 of 2024
1. Heard the parties.
2. Learned counsel for the petitioner submits that this interlocutory application has been filed with a prayer to implead the informant as opposite party no.2 in view of the settlement between the parties outside the court.
3. Considering the aforesaid facts, the prayer is allowed.
4. The petitioner is directed to implead the informant as opposite party no.2 in the cause title of this criminal miscellaneous petition during the course of the day.
5. This interlocutory application is disposed of accordingly.
ANIL KUMAR CHOUDHARY, J.
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with the prayer for quashing the entire criminal proceeding along with the FIR in connection with Te
Consent under Section 376 IPC is valid if the promise to marry was genuine; lack of intention to deceive negates false promise claims.
In cases of consensual relationships, if no false promises of marriage were made and both parties were aware of each other's circumstances, allegations of rape may not stand under Section 376 IPC.
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....
The court held that the evidence provided by the informant, including witness statements and marriage documentation, substantiates the allegations of cruelty and fraud against the petitioner.
The inherent powers of the court can quash criminal proceedings when the victim expresses no desire to proceed, especially following reconciliation and marriage, despite serious charges under IPC.
A breach of promise to marry does not constitute a false promise under Section 376 IPC unless it is shown that the promise was made without intention to uphold it.
The court emphasized that inherent powers under Section 482 of the Cr.P.C. should be exercised cautiously, allowing investigations unless no cognizable offence is disclosed.
The court affirmed that inherent powers under Section 482 of the Cr.P.C. should be exercised sparingly, and quashing of proceedings is not warranted unless allegations do not constitute a cognizable ....
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