Criminal proceedings involving allegations of rape based on a false promise of marriage should be quashed under S. 482 CrPC if the relationship was long-standing and consensual, as a relationship turning sour does not justify the misuse of penal provisions for sexual offences.

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO ALLOW THIS PETITION AND QUASH THE COMPLAINT AND FIR, CHARGE SHEET IN CRIME NO.272/2023 REGISTERED BY THE MURAGOD POLICE STATION, MURAGOD, IN SC NO.15/2024 FOR THE OFFENCES U/S 376(2) (n) AND 506 OF IPC, PENDING ON THE FILE BEFORE THE VIII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI AND ALL ENTIRE PROCEEDINGS PURSUANT TO THEREIN IN RESPECT OF THE PETITIONER/ACCUSED HEREIN IN THE INTEREST OF JUSTICE.

THIS CRIMINAL PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this Court calling in question the proceedings in S.C. No.15 of 2024 registered for the offences punishable under Sections 376(2)(n) and 506 of the IPC.

2. Heard the Learned counsel appearing for the petitioner, the sole accused and the learned AGA appearing for the respondent – State, the defacto complainant though served remains unrepresented.

3. The facts in brief germane are as follows. The second respondent is the complainant. The complainant and the petitioner are said to have become friends, close to three years prior to the registration of the complaint. The friendship appears to have blossomed into a relationship and the relationship gets physical as well. The relationship goes on for over two and a half years. When the complainant receives the information that the accused is wanting to marry someone else, she registers the complaint before the jurisdictional Police on 11.09.2023, alleging that the petitioner repeatedly raped her on the score of false promise of marriage. The Police conduct investigation upon the said complaint and file a charge sheet for offences punishable under Section 376(2)(n) and 506 of the IPC. After filing of the charge sheet, the matter is committed to the Court of Sessions and now presently pending as S.C. No.15 of 2024. The petitioner-accused is before the Court calling in question the entire proceedings before the concerned Court.

4. Learned counsel appearing for the petitioner Shri Avinash Angadi would vehemently contend that the allegation of false promise of marriage is contrary to the facts. The learned counsel would contend that the marriage did not take place for a long time owing to several factors, one of which was due to the affair, the complainant had with someone else. For this reason, the marriage does not take place, but the consensual acts go on for over two and a half years. The learned counsel would further submit that the other offences alleged also would not merit any consideration as the acts complained of are consensual.

5. The learned AGA would vehemently refute the submissions contending that the police after investigation have filed a charge sheet and therefore the petitioner should come out clean. He would further contend that the offence is of repeated rape and therefore this Court should not entertain the petition and obliterate the proceedings on the say of the petitioner.

6. I have given my anxious consideration to the submission made by the learned counsel for the petitioner and the AGA.

7. The aforesaid narrated facts are a matter of record. Since the entire issue has now triggered from the complaint, I deemed it appropriate to notice the complaint. The complaint reads as follows:

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