2023 Supreme(All) 2925
IN THE HIGH COURT OF ALLAHABAD
GAJENDRA KUMAR, J.
Aruni Mittal And Others - Appellant
Versus
State of U.P. and Another - Respondents
Application U/S 482 No.8020 of 2022
Decided on : 27-10-2023
Advocates Appeared:
For the Appellant :Saurabh Chaturvedi, Ayush Kaushik, Sr. Advocate
For the Respondent: G.A., Dileep Kumar Pandey, Gaurav Pundir
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 relationship negates charges of rape.
Headnote:(A) IPC - Sections 375, 506, and 120-B - Criminal Procedure Code - Section 482 - Quashment of FIR and subsequent proceedings - Allegations of prolonged sexual relationship under false promise of marriage were deemed as consensual, thus quashing proceedings against the applicants - Court determined that signs of deception were not substantiated based on the victim's admissions and relationship context. (Paras 6, 19, 21)
(B) Consent - Concept of consent defined - Consent cannot be deemed valid if attained under a misconception of fact; however, the relationship being consensual and continuous negated claims of rape. (Paras 9.1, 16, 20)
Facts of the case:
The applicants were accused of repeatedly raping the prosecutor under the pretense of marriage, which she later claimed was a deception; however, established facts indicated a consensual relationship over nine years without protest.
Findings of Court:
The court concluded that the charge of rape was not substantiated and reflected an abuse of process, allowing the application to quash the criminal proceedings.
Issues: The key issues addressed were the validity of consent and whether the promise to marry was false from the inception.
Ratio Decidendi: The court affirmed that consent must involve a clear understanding, rejecting claims of misconception as the relationship was prolonged and consensual.
Result: Criminal proceedings quashed.
| Table of Content |
|---|
| 1. allegations of long-term abuse. (Para 2 , 3 , 4) |
| 2. defense claims prosecution is false and politically motivated. (Para 5 , 6 , 8 , 10) |
| 3. accused's argument on inconsistencies in victim's statements. (Para 7 , 9 , 11 , 12) |
| 4. intent and nature of consent in sexual relations. (Para 15 , 16 , 18 , 19) |
| 5. distinctions about consent and misconception vis-a-vis relationships. (Para 17) |
| 6. court quashes criminal proceedings. (Para 21 , 22 , 23) |
JUDGMENT :
Gajendra Kumar, J.
1. Heard Sri Ayush Kaushik learned counsel for the Applicants, learned AGA and Sri Nitin Sharma along with Sri Dileep Kumar Pandey learned counsel for the opposite party no.2 and perused the records.
2. The present criminal misc. application u/s 482 has been filed for the quashment of the chargesheet dated 3.9.2021 and cognizance/summoning order dated 17.11.2021 passed by the learned Addl. Chief Judicial Magistrate, Court No. 5, Meerut as well as entire criminal proceedings of Crl. Case no. 20577 of 2021 ( State vs. Aruni Mittal and others ) by which the applicants have been summoned in Case Crime No. 141 of 2021 under Section 376 , 506 and 120-B, I.P.C, P.S. Civil Lines, District Meerut.
3. The prosecution story in brief is as follows:-
There is an allegation against the applicants that applicant no.1 has raped the prosecutorix for years altogether and, thereafter, he kept trying to contract marriages again with some other girl with the conspiracy of his other family members. F.I.R has been registered initially on 14.03.2021 at 21.:10 hrs. at PS Majhola, District Moradabad U/S 376, 506, 120-B bearing case crime no. 204/2021 which subsequently got transferred to P.S. Civil Lines Meerut on 3.6.2021 and was registered as Case crime no. 141 of 2021 U/S 376, 506, 120-B IPC. The alleged date of occurrence as per the F.I.R version is stated to be between 1.1.2003 to 29.12.2020, and the said information being initially received at the P.S is marked as on 03.03.2021. It is being alleged in the FIR that first informant and the applicant No.1 both met in the year 2003-04 at Oxford Institute, Gandhi Nagar, Meerut as both used to take tuition there. Both were major of above 30 years each. She fell in love and till 2010 she was completely traped in his love but the family members of applicant no.1 were against this relationship as they strongly opposed the same. In the year 2011, one day, applicant no.1 accepted her as his wife before the presiding deity of Balaji Mandir at Sadar, Meerut. She also took vow of marriage before the deity and accepted him (applicant no.1) as her husband and the applicant no.1 took the advantage of this situation to satisfy his lust and established physical relationship in the name of being married. She started to mount pressure upon him to solemnize valid marriage but he could not manage to get the marriage solemnized validly. Nevertheless, he (applicant no.1) kept establishing physical relationship with her till 28.12.2019. Later on, he maintained distance from her and after some time, there took a hot-talk between them on mobile phone. The applicant no.1 was misled by the family members and particularly, his sister Rashmi Mittal, created atmosphere against the first informant as she used to state that the first informant is a politician lady, if she gets married in the family, there will be held meetings with many boys and kept trying to tarnish and destroy her public image. After that the applicant no.1 has left her company and tried to marry other girl as all the family knew their relationship, they in conspiracy, tried to get him married with other girl. It has been intended by the applicant no.1 marrying another girl on 15.03.2021 in District-Moradabad with the conspiracy of the other applicants. Charge-sheet has been submitted by the investigating officer after completing the investigation, against the applicants on 3.9.2021, on which the Learned A.C.J.M, Court no. 5 has taken cognizance and issued summoning order against the a
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