Back
PRANAY VERMA
Rajpal yashona – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
With the consent of learned counsel for the parties the matter is finally heard.
2. This petition under section 482 of the Criminal Procedure Code has been preferred by the petitioner/accused for quashing the FIR bearing Crime No. 598/2019 registered under section 376(2)(n), 313, 294 of the Indian Penal Code at Police Station Nagda, District Ujjain.
3. As per the prosecution, on 5-12-2019 a written complaint was made by the prosecutrix/respondent No. 2 to the effect that she had been engaged to be married to the petitioner in August, 2016 by consent of the families of both of them. Thereafter she had started talking to the petitioner. One day the petitioner had come to her house when she was alone and had committed rape upon her. When she started crying he stated that since now they are engaged he will marry her immediately upon completion of her graduation and she should not narrate the incident to her family members else he would break the engagement and shall malign her. Due to the threat she did not narrate the incident to anyone. Thereafter she had become pregnant and the petitioner under the false pretext of giving her a vitamin tablet had given her a tablet for abortion
Marriage can negate prior allegations of rape if the parties have entered into a valid marital relationship, preventing abuse of legal process.
The court established that consent obtained under a false promise of marriage does not automatically constitute rape without evidence of mala fide intent.
The relationships alleged in the FIR were consensual, with no evidence supporting non-consensual acts, leading to the quashing of the FIR for rape.
Rape – A married lady is not supposed to betray her husband by entering into physical relationship with another man.
It is necessary to examine FIR, statement recorded under Section 161 and 164 of Cr.P.C. before Judicial Magistrate First Class to find out correct factual matrix of issue - Sum and substance of decis....
Consent obtained by fraud or misconception of fact would be no consent, but a reasoned and deliberate relationship does not constitute deceived consent.
The consent of a minor in a sexual offense case is irrelevant, and evidence produced by the accused in his defense cannot be considered at the initial stage of criminal proceedings.
Consensual relations and abuse of process of law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
