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K. SUJANA
Tapan Sumanth – Appellant
Versus
State of Telangana – Respondent
ORDER :
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) to quash the proceedings against the petitioner/accused in FIR.No.245 of 2024 dated 07.05.2024 before the Gudimalkapur Police Station, Hyderabad, registered for the offence punishable under Sections 493, 419, 420, 312 and 504 of Indian Penal Code (for short ‘IPC’).
2. The brief facts of the case are that the respondent No.2/de facto complainant lodged a complaint against her husband who is petitioner herein, stating that she had acquaintance with her husband since childhood as their parents were family friends. It is stated that her husband started to propose her since the time when he was in 7th standard and always said that he would marry her with or without her father’s consent. It is alleged that the petitioner used to cohabit with respondent No.2 since fifteen years and got her pregnant twice and made her believe that he would marry her but he did not do so. It is further alleged that the petitioner attempted to rape respondent No.2 and when she agitated against him, he still made her believe that he would marry her once he is settled. Further, in August 2023 t
The court quashed proceedings under Sections 493 and 312 IPC due to insufficient allegations but allowed investigations under Sections 419, 420, and 504 IPC to proceed.
The court found that allegations of cheating were unfounded as the complainant misrepresented her marital status while the relationship was consensual, reinforcing the principle that misuse of legal ....
Cheating – Long duration of physical relationship between partners without protest and insistence by female partner for marriage, would be indicative of a consensual relationship.
Lack of evidence for alleged offences and abuse of process of law can lead to quashing of FIR.
The central legal point established in the judgment is the interpretation of the element of consent and the false promise of marriage under Section 376 of the IPC.
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