ABHAY S. OKA, PANKAJ MITHAL
Ajeet Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Abhay S. Oka, J.
FACTUAL ASPECTS
1. At the instance of the third respondent, a First Information Report (the FIR), being Case Crime no.106 of 2016, was registered at the Police Station Naka, District Lucknow, Uttar Pradesh, for the offences punishable under Sections 376 and 506 of the Indian Penal Code, 1860 (for short, ‘IPC’) wherein the appellant was shown as an accused. A writ petition was filed by the appellant before the High Court of Judicature at Allahabad, Lucknow Bench for quashing the FIR. By the impugned judgment dated 7th December 2016, the High Court declined to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India.
2. In the complaint, on the basis of which the FIR was registered, the allegation of the third respondent was that his daughter (victim – name masked) was studying in Lucknow for coaching in Banking. Her age was 25 years. He stated that the appellant was running IIT coaching classes in Delhi. They met and developed a love for each other. The appellant assured the victim to marry her. When the third respondent approached the appellant’s father and brother with the proposal of marriage, they declined the same. Thereafte
A redundant criminal case cannot be allowed to continue.
A mere breach of promise to marry does not constitute an offence under IPC unless it is shown that the promise was made in bad faith with no intention to adhere to it.
FIR alleging rape on false marriage promise quashed where consensual adult relationship sours, complainant married and ineligible to remarry, no evidence of vitiated consent or initial deceit.
Rape – A married lady is not supposed to betray her husband by entering into physical relationship with another man.
The promise to marry must be false from inception to constitute an offence under section 376 IPC; a consensual relationship over time does not amount to rape.
Consensual sexual relationship is not rape.
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