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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Raushan Kumar Singh – Appellant
Versus
State Of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
Heard the parties.
2. Though, notice has validly been served upon the opposite party no.2 yet, no one turns up on behalf of the opposite party no.2 in spite of repeated calls.
3. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash and set aside the entire criminal proceeding arising out of Lesliganj P.S. Case No.39 of 2023 corresponding to G.R. Case No.09 of 2023 including the order taking cognizance dated 23.11.2023 passed by learned Judicial Magistrate-1st Class, Palamau whereby and where under the learned Judicial Magistrate-1st Class, Palamau has taken cognizance for the offences punishable under Section 376 of the Indian Penal Code against the petitioner basing upon the charge sheet submitted by the police.
4. Learned counsel for the petitioner submits that the charge has not yet been framed in this case and the case is fixed on 04.02.2026 for consideration of framing of charge.
5. The allegation against the petitioner is that the petitioner is though was a married person, still he was in love with the informant for about one year b
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.
Deceitful marriage promise during forcible rape despite protest does not exclude rape offence; malicious prosecution claim not assessable at summoning stage but post-trial; quashing under CrPC Sectio....
Consent under Section 376 IPC is valid if the promise to marry was genuine; lack of intention to deceive negates false promise claims.
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....
Rape, cheating and stalking – Criminal case cannot be quashed when there are serious factual disputes.
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 established that consent obtained under a false promise of marriage does not automatically constitute rape without evidence of mala fide intent.
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