A false promise of marriage alone does not constitute rape or cheating if the physical relations were consensual.

ORDER:

1. The petitioner is aggrieved by registration of FIR No.778 of 2020 dated 18.12.2020 by the Bachupally Police Station. The said FIR was registered on the basis of the complaint of the 2nd respondent.

2. In the written complaint by 2nd respondent dated 17.12.2020, it is mentioned that she worked in HSBC in the year 2017 and met the petitioner. Both the petitioner and 2nd respondent were in physical relation in the year 2019. Petitioner is refusing to marry after having sex over a period of time. Petitioner further blamed her for his attempt to suicide stating that contraceptive pills were not taken resulting in her pregnancy. The said attempt was made on 21.03.2019. After recovery, again petitioner and 2nd respondent were in physical relation. However, the petitioner failed to commit himself for marriage. On 08.12.2020, both petitioner and 2nd respondent attended Bharosa centre at Gachibowli for counseling. On the said date, petitioner and his family members assured that they would meet the 2nd respondent’s family to discuss about marriage. However, the petitioner and his family members were making excuses and never met the parents of the 2nd respondent. Her number was also blocked. The 2nd respondent went to the residence of petitioner on 17.12.2020, but the petitioner and others refused to meet her. Since petitioner was delaying the marriage issue and had sex over a period of time promising marriage, complaint was filed to investigate into the issue.

3. Having received the complaint, the police registered the case. On 02.02.2021, this Court granted stay of all further proceedings including arrest of the petitioner.

4. Sri V.Ravi Kiran Rao, learned Senior Counsel appearing on behalf of the petitioner would submit that the 2nd respondent is in the habit of filing such complaints. In the year 2014, she filed complaint against one Raghavendra on the very same grounds stating that he had physical relation and thereafter refused to marry her. The said complaint was filed on 23.12.014. She also filed another complaint on 14.03.2022 against one K.Kiran Reddy stating that since June, 2021 to December, 2021 he had physical relation and he refused to marry her.

5. Learned Senior Counsel further submitted that none of the ingredients of any of the Sections 376 or 420 of IPC are made out in the complaint. There were whatsapp messages exchanged between the 2nd respondent and the petitioner reflecting that the 2nd respondent had provoked the petitioner to have sexual intercourse with her. In the absence of any allegation that she was forced to engage in sexual intercourse, an offence of rape is not made out. It is also not mentioned in the complaint that a false promise was made to develop physical relation with the 2nd respondent, as such, an offence under Section 420 of IPC is not made out.

6. Senior Counsel further argued that on 08.12.2020 itself, petitioner had addressed a complaint to the police, for which GD entry was made. Complaint of the petitioner clearly states that the 2nd respondent has forced herself on to him and she was blackmailing him. However, the said complaint was not registered. As seen from the circumstances, false case is made out for which reason, proceedings have to be quashed.

7. In support of his contentions, learned Senior Counsel relied on the judgment of Hon’ble Supreme Court in the case of Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 3 Supreme Court Cases (Cri) 903, wherein it was held that under Section 482 of Cr.P.C, the High Court has inherent powers to act ex debito justitiae, to do real and substantial justice. While dealing with the case of rape, the Hon’ble Supreme Court held as follows:

“18. To summarise the legal position that emerges from the above cases, the “consent” of a woman with respect to Section 375 must involve an active and reasoned deliberation towards the proposed act. To establish whether the “consent” was vitiated by a “misconception of fact” arising out of a promise to marr