Bharatiya Nagarik Suraksha Sanhita, 2023
Section 528—Quashing of FIR—Offence of establishing physical relations on false pretext of marriage—FIR registered under Section 376(2)(n) of IPC—For attracting the offence of rape on the ground that consent was obtained on a false pretext of marriage, it must be established that sexual relationship between the parties had been induced by a false promise of marriage from the very inception, and that accused never had any intention of marrying the complainant—Similarly, for the mere reason that relationship between a consenting couple could not culminate into marriage, cannot be made the basis of instituting criminal proceedings against a person—Courts must, in each such case, carefully scrutinize whether accused had the intention to actually marry the victim, or had made the false promise only with the malafide to satisfy his desire—Admitted position that parties were in a long standing consensual relationship, and talks of marriage between their families also took place, subsequent to which even a roka ceremony was performed and date of marriage between the parties was also fixed—Marriage could not fructify due to irreconcilable differences that cropped up between the two sides—Relationship between the petitioner and second respondent, both well educated and mature adults, was consensual from its very inception—Parties were all set to get married, which unfortunately could not take place, leading to the relations between the parties and their families turning bitter, and subsequent registration of the instant FIR—Fit case to quash FIR—Petition allowed.
[Paras 17 to 20]