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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Bikash Behura – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. filing of fir and victim's statement (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments for quashing the fir (Para 7 , 8 , 9 , 10 , 11) |
| 3. court's reasoning on the alleged offences (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. order to quash the fir (Para 22 , 23 , 24) |
Judgment :
1. This CRLMC has been filed with the following prayer:-
And pass such other order/orders as this Hon’ble Court deems fit and proper in the facts and circumstance of the case;
PROSECUTION CASE
3. The victim had alleged in the FIR that she was aged more than 18 years and was in love with the petitioner since the last one and half years. He had kept physical relations with her and promised to marry her. When she refused to have physical relationship with his friends, he beat her and she escaped from the place. Thereafter their relationship returned to normal. One month back on 28.03.2024, he called her and they again had physical relations and she returned home. The next day he did not receive her call. A few days thereafter, he blocked her number. When she called the petitioner through another number, the petitioner expressed that he doesn’t want to keep any further relation with her. Thereaft
A consensual relationship does not constitute rape unless it is shown that consent was obtained through deceit or coercion, with no intention of marriage from the beginning.
Consent in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
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....
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 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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