Criminal P.C. (2 of 1974) , S.482— Quashing of proceedings – Prima facie case – Offences punishable u/S. 376, 376(2)(n), 377, 504 and 506 of the Indian Penal Code- Allegation that accused forcibly had sexual intercourse with victim on false assurance of marriage – Accused and informant had known each other since long and entered into a consensual relationship that lasted over twelve months, during which she repeatedly visited him in lodges – Informant even obtained a Khulanama from her husband – Prosecution offered no evidence of coercion, misrepresentation or threats – There is no reasonable possibility that any woman being married before and having a child of four years, would continue to be deceived by or maintain a prolonged association or physical relationship with an individual who has sexually assaulted and exploited her – There was lack of evidence to prove a false promise of marriage without intent to fulfill – Mere breach of promise and a sour relationship cannot justify invoking harsh provisions of criminal law, particularly against a young accused aged 25 years – Proceedings were quashed.
2024 (3) ABR (Cri) 5-ReversedAIR 1992 SC 604-Followed(Paras8911)
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