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SUBODH ABHYANKAR
PRATEEK SOLANKI – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
ORDER :
1. This Miscellaneous Criminal Case has been filed by the petitioner under section 482 of Criminal Procedure Code for quashing the First Information Report (FIR) registered at Crime No. 126/2023 dated 27-2-2023, at Police Station Madhav Nagar, District-Ujjain (M.P.), as also the charge-sheet connected therewith, and the subsequent proceedings pending in the trial Court under sections 376(2)(n) and 506 of the Indian Penal Code, 1860.
2. In brief, the facts of the case are that the prosecutrix aged about 24 years, a resident of Ujjain came in contact with the petitioner through some common friends in the year 2021, and started conversing with each other through Instagram, and after sometime the petitioner was also selected in Army, and after around 8 to 10 months, i.e., on 6-9-2021, the petitioner came to Ujjain on leave and met her in her room, where he forced himself on her despite the her objection, he also assured her that he would marry her. Thereafter, he started coming to her room regularly and everyday he used to have sexual intercourse with heron the pretext that he would marry her. After his leave came to an end, he went back on 9-10-2021. He again came to Ujjain on l
The court established that consent obtained under a false promise of marriage does not automatically constitute rape without evidence of mala fide intent.
The central legal point established in the judgment is the importance of voluntary consent and the absence of deceit or false promises in determining the nature of a relationship and distinguishing b....
Consent obtained by fraud or misconception of fact would be no consent, but a reasoned and deliberate relationship does not constitute deceived consent.
The distinction between a false promise to marry and a mere breach of promise, and the need for active and reasoned deliberation towards the proposed act to establish whether the consent was vitiated....
Consent obtained under a misconception of fact does not constitute valid consent under Section 90 IPC; a consensual relationship does not amount to rape.
Marriage can negate prior allegations of rape if the parties have entered into a valid marital relationship, preventing abuse of legal process.
Consent in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
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