Consent in sexual relationships must be evaluated in context; mere breach of promise to marry does not constitute rape if the relationship was consensual.

1.This petition under Section 482 of the Code of Criminal Procedure has been preferred by the accused/petitioner for quashing the chargesheet filed in connection with Crime No.99/2023 registered at Police Station Niwali, District Barwani for offences punishable under Sections 366, 376, 376(2)(n) and 450 of the IPC.

2.As per the prosecution, on 12.04.2023 a report was lodged by the prosecutrix to the effect that she is a resident of Ahmedabad. In 2019, her father had expired upon which she had come to Niwali. On 03.03.2019 the accused had met her and she had gone along with him for stitching clothes. The accused took her to his house and committed rape upon her and thereafter stated that he would marry her hence she did not narrate the incident to anyone. Subsequently, on the false pretext of marriage, the accused committed rape upon her for a period of 5 years at Sabarmati Tol Naka, Kailash Nagar, Bhilwas, Ahmedabad, Niwali and Akola in Maharashtra. Eventually the accused refused to marry her upon which she narrated the incident to her brother and has lodged the report.

3.Upon lodging of the report by the prosecutrix, investigation was commenced by the Police during the course of which statements of various witnesses including that of the prosecutrix were recorded and other material was collected. After completion of the investigation charge-sheet has been filed by the Police before the Court concerned.

4.This petition has been preferred by the accused on the ground that the allegations levelled against him by the prosecutrix even if are taken to be true at their face value do not amount to commission of any offence by him. It is not a case where the accused had developed physical relationship with the prosecutrix under false pretext of marriage. It is at best a case of breach of promise to marry and cannot be in any manner stretched to be a case of false promise having been made to convince the prosecutrix to engage in sexual relations. There was no misconception of fact which can be said to have vitiated the consent of the prosecutrix. The accused is alleged to have committed rape upon the prosecutrix and thereafter promised to marry her.

However, he allegedly did so for a period of 5 years yet the prosecutrix continued to have physical relationship with him. She went along with the accused to various places in Maharashtra, Madhya Pradesh and Gujrat where they had physical relationship hence it cannot be a case of false promise to marry. It was a simple case of love relationship between the parties which has gone wrong and is not a case of commission of rape on false pretext of marriage. It is further submitted that the proceedings against the accused are gross abuse of the process of law hence deserve to be quashed. Reliance has been placed by the learned counsel for the accused on the decision of the Supreme Court in Shambhu Kharwar V/s. State of Uttar Pradesh and Another Cr.A. No.1231/2022 decided on 12.08.2022, Pramod Suryabhan Pawar V/s. State of Maharashtra and Another (2019) 9 SCC 608 and order dated 13.07.2023 passed in M.Cr.C. No.46602/2022 Amar Singh Rajput V/s. State of M.P. and Another by this Court. 5.Per contra, learned counsel for the respondent/State as well as learned counsel for the objector/prosecutrix have strongly opposed the prayer and have submitted that from the allegations as levelled against the accused by the prosecutrix it is apparent that the same do constitute offence of rape having been committed by him. The accused firstly committed rape upon the prosecutrix and thereafter promised to marry her which was believed by her. The consent of the prosecutrix for physical relationship was obtained by the accused by false statement knowing it to be false since the very inception. It is hence submitted that the petition deserves to be dismissed.

6.I have considered the submissions of the learned counsel for the parties and have perused the record.

7.To appreciate the allegations as levelled by the prosec