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Criminal law

RAVISH SINGH RANA versus STATE OF UTTARAKHAND & ANR.

Because the parties, both adults, lived together and cohabited as a live-in couple for over two years, and the FIR did not allege that physical relations were established only due to a promise to marry, a presumption arises of valid consent; the settlement agreement corroborates consensual relationship, and therefore prosecution for rape on the ground of refusal to marry would be an abuse of process and the FIR and consequential proceedings are to be quashed.

Source excerpt

  • Quashing
  • Live-in relationships
  • Consent
  • Rape
  • Settlement agreement
  • Abuse of process
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Penal code, 1860

BISWAJYOTI CHATTERJEE versus STATE OF WEST BENGAL & ANR.

Having considered the factual matrix and the complainant's own knowledge that the appellant was in a subsisting marriage (though separated), the Court found the physical relationship to be consensual and held that the allegations, even taken at face value, do not prima facie establish offences under Sections 376(2)(f), 417 or 506 IPC; inconsistencies in the prosecution narrative further undercut the case, and therefore it was appropriate to terminate the proceedings at the stage of charge and set aside the High Court order refusing discharge.

Source excerpt

  • Marital discord
  • Divorce
  • Consent
  • Subsisting marriage
  • Assurance of marriage
  • Discharge under section 227 crpc
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Criminal procedure

JOTHIRAGAWAN versus STATE REP. BY THE INSPECTOR OF POLICE & ANR.

On the record (FIR and statements to police) the parties were closely related adults who were in a relationship and the complainant repeatedly and willingly accompanied the appellant to hotel rooms; there is no clear prior promise of marriage that induced consent before the first intercourse (any promise was alleged after the first incident) and the allegations of force and coercion are inconsistent with repeated willing excursions; therefore the statements do not disclose the ingredients of rape under Section 376 IPC and continuation of the prosecution would be an abuse of process, warrantin…

Source excerpt

  • Quashing
  • Promise of marriage
  • Rape
  • Consent
  • Section 482 cr.p.c.
  • Section 376 i.p.c.
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Criminal law

MANISH YADAV versus STATE OF UTTAR PRADESH & ANR.

The Section 164 statement of the complainant shows initial consensual physical relations and contains no allegation of caste-based abuse or an inherently false promise to marry; absent evidence that the promise was false from the outset, the ingredients of the offences under the SC/ST Act and the alleged sexual offences are not made out on the record, and continuing prosecution would amount to an abuse of the process of law, warranting quashing of the summoning order and proceedings against the appellant.

Source excerpt

  • Consent
  • Promise to marry
  • Quashing of criminal proceedings
  • Breach of promise
  • Caste-based offences
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Criminal law

MAHESH DAMU KHARE versus THE STATE OF MAHARASHTRA & ANR.

On the facts of this case no prima facie case of rape under Section 376 IPC was made out because the complainant maintained a prolonged sexual relationship with the appellant for about nine years without protest or insistence on marriage, undermining the claim that her consent was vitiated by a false promise to marry; moreover the FIR contained no allegations sufficient to constitute cheating under Section 420 IPC or offences under Sections 504 and 506 IPC; continuing the criminal proceeding would amount to abuse of process and the FIR is to be quashed.

Source excerpt

  • Quashing of fir
  • Consent
  • False promise of marriage
  • Rape
  • Cheating
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Criminal law

PRASHANT versus STATE OF NCT OF DELHI

Taking the allegations in the FIR and charge-sheet at face value, the essential ingredients of offences under Sections 376(2)(n) and 506 IPC were not made out: there is no indication that a promise of marriage was extended at the outset to procure sexual intercourse, the relationship was consensual, and continuation of prosecution would amount to a gross abuse of the process of law; accordingly the FIR, charge-sheet and pending trial were quashed.

Source excerpt

  • Section 376(2)(n) ipc
  • Section 506 ipc
  • Consent
  • Quashing of fir
  • Abuse of process
  • Section 482 crpc
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Criminal law

MS. X versus MR. A AND OTHERS

Having considered the complaint, the restatement, medical reports and the doctor’s statement, the Court found material contradictions (including a falsified hospital admission) and that, even taking allegations at face value, there were no sufficient grounds to proceed for offences charged (in particular no prima facie showing of a false promise to marry bearing direct nexus to consent); continuation would amount to abuse of process and miscarriage of justice, therefore the High Court’s order quashing the proceedings under Section 482 Cr.P.C. was correct and should not be interfered with.

Source excerpt

  • Quashing of proceedings
  • Consent
  • False promise of marriage
  • Abortion
  • Section 482 cr.p.c.
  • Section 375 ipc
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Criminal law

P. YUVAPRAKASH versus STATE REP. BY INSPECTOR OF POLICE

The trial evidence did not include documents falling within the categories mandated by Section 94(2)(i)-(ii) JJ Act; the only admissible age evidence under Section 94 was the ossification/medical examination (PW-9), which placed the victim between 18-20 years (cross-examination accepted 19 years); the victim’s Section 164 statement was held to be voluntary and narrated elopement and marriage by choice, and medical evidence did not establish penetrative sexual assault by coercion; therefore offences under the POCSO Act and Section 10 of the Prohibition of Child Marriage Act were not made out a…

Source excerpt

  • Age determination
  • Ossification/bone test
  • Penetrative sexual assault
  • Consent
  • Conviction and acquittal
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Penal code, 1860

NAIM AHAMED versus STATE (NCT OF DELHI)

On the proved facts the prosecutrix, a married woman with three children, voluntarily continued a long-standing sexual relationship with the appellant (including after birth of a child in 2011 and after learning in 2012 that the appellant was married) and there was no satisfactory evidence that the appellant, from the inception, gave a false promise to marry such that her consent was vitiated under Section 90 read with Clause-Secondly of Section 375 IPC; therefore the appellant could not be held guilty of rape, though the compensation direction remains in force.

Source excerpt

  • Rape
  • Consent
  • Misconception of fact
  • False promise to marry vs breach of promise
  • Recording of evidence and language of record
  • Compensation
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Criminal law

SHAMBHU KHARWAR versus STATE OF UTTAR PRADESH & ANR.

Taking the allegations in the FIR and charge-sheet at face value, the relationship between the appellant and the second respondent was consensual, existed prior to, during and after the second respondent's marriage and divorce, and the material does not disclose the essential ingredients of an offence under Section 375/376 IPC; therefore the High Court erred in refusing to quash the criminal proceedings and the FIR, charge-sheet and cognizance order were quashed under Section 482 CrPC.

Source excerpt

  • Quashing of fir
  • Section 482 crpc
  • Rape
  • Consent
  • Promise to marry
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.