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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Jitendra Narayan Laguri, Son of Raghunath Laguri – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANIL KUMAR CHOUDHARY, J.
I.A. No. 7566 of 2025
1. Heard the parties.
2. This interlocutory application has been filed with the prayer for early hearing of this criminal miscellaneous petition.
3. Since, hearing of this criminal miscellaneous petition is taken up today, hence, this interlocutory application is disposed of being infructuous.
1. Heard the parties.
2. 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 the F.I.R. being Chaibasa Mahila P.S. Case No. 16 of 2023 registered for the offences punishable under Section 493, 376(2)(n), 312 and 306 of the Indian Penal Code.
3. It is submitted by the learned counsel for the petitioner that the investigation of the case is still going on and charge sheet has not yet been submitted.
4. The allegation against the petitioner is that the petitioner established physical relationship with the victim on the promise of marriage and the relationship continued for four years. In the meanwhile, the informant became pregnant but medicine was administered to her for miscarriage which resulted in miscarriage but ultimately the
Forcible initial rape constitutes offence despite post-rape marriage promise, blackmail, and subsequent relations; prima facie case from prosecutrix solemn affirmation warrants trial, not quashing un....
Consent under Section 376 IPC is valid if the promise to marry was genuine; lack of intention to deceive negates false promise claims.
Consent obtained under a misconception of fact does not constitute valid consent under Section 90 IPC; a consensual relationship does not amount to rape.
The court established that consent obtained under a false promise of marriage does not automatically constitute rape without evidence of mala fide intent.
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.
Prolonged consensual relationships cannot be criminalized for alleging false promises of marriage; consent under mistaken beliefs must be properly substantiated.
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