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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
N.S.SHEKHAWAT
............ – Appellant
Versus
............ – Respondent
JUDGMENT :
N.S. SHEKHAWAT, J.
1. The petitioner has filed the present petition under Section 482 of the Criminal Procedure Code with a prayer to quash FIR No. 48 dated 02.03.2020 under Section 376(2) of the IPC registered at Police Station Sector 36, Chandigarh and all consequential proceedings emanating therefrom.
2. The FIR in the present case was registered on the basis of the complaint moved by Mohit Khanna (respondent No.2), who is the husband of Dr. Mona Khanna (victim/prosecutrix, respondent No.3). The FIR has been reproduced below:-
“To SSP Chandigarh Police Head Quarter, Sector 9, Chandigarh.
Incident: Physical and Mental Cruelty, Blackmailing and grievous hurt by a man named Mr. Anil Sharma. Address of Man: Mr. Anil Sharma Khuda Ali Sher House No. 74/8 Opposite Mata Bhawani Mandir Chandigarh. Ph. 9815657283, 9803385567, 9803384711.
Respected Maam, Myself Mohit Khanna R/o Sector 44A Chandigarh, working as Senior Manager in renowed company. On dated 24.2.2011, I got married with Dr. Mona, Resident of Jalandhar. Since our marriage we are residing at Chandigarh and was living very much happy married life. In year 2017, My sons showed their intrest to join Skating classes. We start
The promise to marry must be false from inception to constitute an offence under section 376 IPC; a consensual relationship over time does not amount to rape.
Consent in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
There is clear distinction between rape and consensual sex. If accused has not made promise with sole intention to seduce prosecutrix to indulge in sexual acts, such an act would not amount to rape.
Consent obtained under a false promise of marriage is vitiated and does not constitute valid consent under Section 90 of IPC.
The distinction between consensual relations and rape lies in the perception and intention behind consent; the breach of a promise to marry does not equate to misconception if the relationship is con....
Consent under Section 375 cannot be considered valid if based on a false promise of marriage if the promise was not made with fraudulent intent from the outset. Subsequently, a prolonged consensual r....
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