Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Manoj Kumar Munda – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. relationship details and allegations (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. petitioner's defense regarding consent and evidence (Para 10 , 11 , 12 , 13 , 14) |
| 3. need for judicial examination (Para 15 , 16) |
| 4. jurisdiction and legal standards for quashing (Para 18 , 19) |
| 5. section 482 cr.p.c. considerations (Para 20 , 21 , 22 , 23 , 24) |
| 6. concept of consent in sexual offenses (Para 25 , 26 , 27 , 28 , 29) |
| 7. feminist perspectives on consent and autonomy (Para 30 , 31 , 32 , 33 , 34) |
| 8. critique of laws on false promises of marriage (Para 35 , 36 , 37 , 38 , 39) |
| 9. balance between law and societal realities (Para 40 , 41 , 42) |
| 10. need to protect the justice system (Para 43) |
| 11. conclusion on quashing of proceedings (Para 45 , 46) |
JUDGMENT :
1. In this Criminal Miscellaneous Petition, the Petitioner is challenging the initiation of criminal proceedings in Bolangir Town PS Case No. 191 of 2021 (corresponding to OR Case No. 426 of 2021) registered in the Court of the learned SDJM, Bolangir. The charges include offenses under Sections 376 (2)(a), 376(2)(i), 376(2)(n), 294, 506, and 34 of the IPC .
2. Opp. Party No. 2 (the prosecutrix) filed a written complaint alleging that s
The court ruled that failure to marry after a consensual relationship does not invalidate consent, and the mere disappointment in relationships cannot lead to criminal liability.
Rape, cheating and stalking – Criminal case cannot be quashed when there are serious factual disputes.
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.
Section 375 of IPC states that a man is said to commit rape if he has had any form of sexual intercourse without consent of a woman.
The court ruled that allegations of rape based on false promises of marriage require clear evidence of deceptive intent, which was absent here as the relationship was fundamentally consensual.
Consensual relationships cannot be classified as rape simply due to a breach of promise to marry; criminal liability requires clear evidence of bad faith or deceit by the accused.
A breach of promise to marry does not constitute rape unless it can be proven that the promise was made with intent to deceive from the outset.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
