A breach of promise to marry does not constitute rape unless the prosecution proves the promise was made in bad faith with no intention to fulfill it at the inception, vitiating the victim's consent through a initial misconception of fact.

JUDGMENT :

MADAN PAL SINGH, J.

1. Heard learned counsel for the appellants and the learned A.G.A. for the State. Despite the fact that notice has been served as per the counter affidavit filed on behalf of the State, no one appeared for opposite party no.2.

2. By means of the present criminal appeal under Section 14A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellants have prayed for quashing of the order dated 5th July, 2025 passed by the Special Judge (S.C./S.T. Act), Moradabad in Special Sessions Trial No. 1283 of 2025 (State Vs. Kapil Som & Another) arising out of Case Crime No. 29 of 2025, under Sections 352 , 351 (2) 69 B.N.S. and Sections 3 (1) (r), 3 (1) (s) and Section 3 (2) (v) of SC/ST Act Police Station-Mahila Thana, District-Moradabad as well as further proceedings of above mentioned criminal case.

3. Brief facts are that a first information report has been lodged by opposite party no.2 (prosecutrix herein) against the appellants along with four named persons on 1st May, 2025 at 18:35 hrs. which has been registered as Case Crime No. 29 of 2025, under Sections 352 , 351 (2) 69 B.N.S. and Sections 3 (1) (r), 3 (1) (s) and Section 3 (2) (v) of SC/ST Act Police Station-Mahila Thana, District-Moradabad. In the first information report, it has been alleged by the prosecutrix that about 3 years ago, accepting the fraud request of Kapil Som (appellant no.1 herein) on the prosecutrix's Insta ID, started talking to appellant no.1 and one day appellant no.1 told the prosecutrix that he likes her as she is very beautiful and he wants to meet her and also talk about their marriage after coming to Moradabad, on this, the prosecutrix said to appellant no.1 to come to her sister house, namely, Kamlesh siutated in Kanshi Ram Yojana, where everything will be discussed. Appellant no.1 came to the house of the sister of the prosecutrix and proposed to come to Meerut along with him, where they will get married. Believing the words so given by appellant no.1, the prosecutrix went to Meerut and appellant no. 1 had physical relations with her against her will several times in his house even before marriage. On the pressure of the prosecutrix, appellant no.1, lying to the prosecutrix, his father i.e. appellant no.2 and relative of appellant no.1 took her to Meerut court and made her sign on a stamp on 1st October, 2022 and said that now her marriage with appellant no.1 has been registered and they both will live as husband and wife. After some time, in December, 2023, appellant no.1 left the prosecutrix at Moradabad Zero Point and ran away. The prosecutrix complained about the same to the Senior Superintendent of Police, upon which appellant and his father (appellant no.2) took her back to Meerut. Taking the prosecutrix to their house at Meerut, appellant no.2 found the prosecutrix alone and raped her several times in the room. When the prosecutrix complained about the same to appellant no.1, he abused her by indicating as "Chamariya" and said that he did not marry her as it is their business. After trapping girls like the prosecutrix, the appellants take away their money and they also use them. Appellant no.1 allegedly swindled approximately 2 to 2.5 lakhs rupees from the prosecutrix as cash and online. Last year, when the prosecutrix informed her family about the same her family members arrived at the house of appellant no.