The main legal point established in the judgment is the importance of consent in physical relationships, the legal implications of false promise of marriage, and the application of legal principles related to misconception of fact in cases of alleged rape.

JUDGMENT :

Gurpal Singh Ahluwalia, J.

Heard on the question of admission.

1. This application under Section 482 of Cr.P.C. has been filed for quashing F.I.R. in Crime No. 125 of 2018 registered at Police Station Sirol, Distt. Gwalior for offence under Sections 376, 294, 406, 417 of I.P.C. and all subsequent criminal proceedings.

2. It is the case of the applicant, that the applicant was living in Live-in-Relationship with the respondent no. 2, for the last 8 years. During this period of Live-in-Relationship, the applicant was financially exploited by the respondent no. 2 and her family members. Since, the respondent no. 2 was continuously extending threats that She would falsely implicate the applicant in a rape case, therefore, the applicant made several complaints to the police. However, the police authorities did not take any action in the matter. Thereafter, the applicant filed a private complaint against the respondent no. 2 and her family members on 29-8-2018 for offence under Sections 384, 388, 389, 420 and 120B of IPC and the Trial Magistrate by order dated 29-8-2018 sought report from the police.

3. It is submitted that the respondent no. 2 has lodged a F.I.R. against the applicant in crime No. 125/2018 for offence under Sections 376, 294, 506 and 417 of IPC on the allegations, that the applicant developed physical relationships with the complainant by making false promise of marriage. The relationships continued from 2010 to 2018. In the year 2011, the complainant met with the family members of the applicant, who also recognized the complainant as a member of their family. Thereafter, she continuously visited the family of the applicant. The sisters of the applicant as well as the father of the applicant, also accepted the complainant as member of their family. During this period of 8 years, the applicant took her to various places like Goa, Shimla, Manali, Rohtange, Laddakh etc. and the complainant continued with her relationship under the impression, that since, the entire family has accepted her, therefore, the applicant would certainly marry her. On 26-8-2017, the father of the applicant informed the brother of the complainant, that the marriage of the applicant with the complainant would never take place. Then, her brother informed that not only the complainant is interested in getting married to the applicant, but the applicant is also interested in marrying her. However, the father of the applicant replied that he would convince his son. Thereafter, the applicant abused the prosecutrix very filthily. Thereafter, she lost her confidence on the applicant. In the meanwhile, the sister of the applicant also abused her. After two months, the complainant came to know that now the applicant is proposing some other girl. Accordingly, she had a talk with the said girl. Thereafter, the applicant started spending time with one Girl, namely, Urvashi. When the complainant talked to the applicant, then he promised that he is in love with the complainant only, and would marry her only. On 15th June, she came to Gwalior, then the applicant called his friends and disclosed that as the complainant has come, therefore, now he would marry her. On the promise made by the applicant, the complainant once again started living with him. On 14th July, the applicant purchased Mangalsutra for the complainant. Thereafter, they went to Arya Samaj Mandir, where application for marriage was filled, but the applicant did not deposit his ID proof, and promised that he would deposit the same by the evening. When the complainant enquired from the applicant, as to why he did not deposit his ID, then She was mercilessly beaten by the applicant, as a result She sustained injuries on her lips, cheek and ear. Thereafter, the applicant insisted that the complainant must go back to Bangalore. Thereafter, the complainant replied that she would go back either after marrying him or after terminating the relationships. Thereafter, on 14-7-2018, the applicant, a