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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
Vishal Mishra
Prabhat Singh – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Vishal Mishra, J.
The present petition has been filed under Section 528 in Bharatiya Nagarik Suraksha Sanhita, 2023 (similar to Section 482 from Old CrPC) for quashment of the charge-sheet arising out of the FIR being Crime No. 113 of 2024 registered at Police Station Chandia District Umaria (M.P.) for the alleged offence under Section 376(2)(n) of IPC and all subsequent proceedings.
2. The facts of the case are that on 12.04.2024, the victim made a written complaint to the Police Station Chandia District Umaria alleging therein that the petitioner on a false pretext of marriage committed sexual intercourse with her. Thereafter, he repeatedly raped her for years. On 19.03.2024, he again raped her but refused to marry her and therefore, a written complaint was made by the victim against the petitioner to the police authorities on which an FIR being Crime No. 113 of 2024 was lodged for the offence under Section 376(2)(n) of IPC.
3. It is argued that the petitioner and the victim were known to each other. She is major on the date of lodging of report before the police authorities. It is a case of consent. She herself developed physical relations with the petitioner and was willing
Consent in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
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 false promise of marriage does not constitute rape if the accused had no intention to deceive at the time of the promise.
Section 375 of IPC states that a man is said to commit rape if he has had any form of sexual intercourse without consent of a woman.
The distinction between consensual relations and rape lies in the perception and intention behind consent; the breach of a promise to marry does not equate to misconception if the relationship is con....
Consent obtained under a false promise of marriage is vitiated and does not constitute valid consent under Section 90 of IPC.
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