The central legal point established in the judgment is the interpretation of the element of consent and the false promise of marriage under Section 376 of the IPC.

JUDGMENT :

The respondent No. 2 on 17th November, 2020, had registered the FIR, being FIR No. 587, by naming the present applicant as to be an accused person to be involved for commission of offence under Sections 323, 376, 506 of the IPC.

2. As per the allegation, which were levelled in the FIR, she admits the fact, that she got in touch with the present applicant about three years earlier, when they for first time met at Max Hospital Mussoorie Road, Dehradun, where the present applicant claims was working and gradually they developed their relationship through Facebook and due to which, when they became much closer to each other. She contends that under an assurance of marriage, which later proved to be false, she has established the physical relationship at different hotels and Ashram, as mentioned in the FIR, i.e., Ashok Hotel, Neelknath Hotel, Sriram Ashram, Dehradun Taj, Tehri, Chamba, Dhanaulti and at one of the Hotels at Narendra Nagar.

3. It was contended by the complainant that on 15th July, 2019, at Sriram Ashram, the applicant is said to have placed sindoor on the mang of the victim, and under the pretext of the alleged hoax marriage, which is referred to in the FIR, it is submitted that he committed the offence under Section 376 of the IPC.

4. She submitted that when she had forced upon the applicant to get married, he denied to marry with the present victim. Consequently, the FIR was registered with the aforesaid allegations.

5. It is not even that, if the allegations which had been levelled in the FIR are taken into consideration, it rather refers to a prior FIR No. 111 of 2019, which was registered against the present applicant at Thana Muni Ki Reti, for the offences under Section 380, 504, 323, and 411 of the IPC. Due to the registration of the said FIR, the applicant was said to have been arrested, and was later on, he was released on bail.

6. She submitted that owing to the WhatsApp records which are available with her, it shows that the present applicant has threatened the victim /respondent No.2, herein, and when she had forced upon him to get married, he had physically assaulted her, and had denied to marry the complainant.

7. Before further dealing with the principal present FIR, it becomes necessary to observe, that the earlier FIR, which was registered at Police Station Muni Ki Reti, being FIR No. 111 of 2019, though initially, it was for the offence under Sections 380, 504, 323 and 411 of the IPC, but later on, the charges, which were framed against the present applicant was for the offence under Sections 376, 323 and 506 of the IPC.

8. In relation to the aforesaid offence, the Sessions Trial No. 11 of 2020, State of Uttarakhand Vs. Arvind Chauhan, was registered, and the same was tried by the Court of District and Sessions Judge, Tehri Garhwal, and in the said judgment as it was rendered by the Sessions Court on 10th April, 2023, the applicant was acquitted of the offences, for which the trial was conducted by the Sessions Court, i.e. for the offences under Sections 376, 323, and 506 of the IPC. Thus the same cannot be taken note off for the purposes of the present C-482 Application.

9. In fact, it is almost based on the similar ground, that the present FIR has been registered by respondent No.2, which upon culmination of the investigation, the chargesheet was submitted, and later on, a summoning order was issued by the Court of Chief Judicial Magistrate, Haridwar, registering Criminal Case No. 587 of 2020, State Vs. Arvind Chauhan.

10. The complainant appeared in the witness box, and had recorded her statement and in which she has almost reiterated the same facts and the allegations, which were referred to in the earlier FIR No. 111 of 2019, and that as referred to in the instant FIR, being FIR No. 587 of 2020 dated 17th November, 2020.

11. If the statements which were recorded under Section 164 of the Cr.P.C. of respondent No.2, they are taken into consideration, it shows that they were in close intimate rela