Kerala HC Failure to give Specific allegation of false promise to marriage is a ground to quash rape case

Team SoOLEGAL 9 Nov 2022 3:25pm

Kerala HC Failure to give Specific allegation of false promise to marriage is a ground to quash rape case

While deciding the criminal miscellaneous case (Crl.M.C.) filed by the accused to quash a FIR filed against him u/s 376(2)(n) and 313 of IPC, the court held that a FIR containing allegations of Rape can be quashed where no specific allegations in the complaint are made by the prosecutrix which shows there was a false promise to marriage. 

In the present case both the complainant and the accused are lawyers by profession. It was alleged by the complainant that the accused promised to marry the complainant and had sexual intercourse with the complainant several times in Ernakulam and Wagamon. Later the accused withdrew from marrying her and was preparing to marry some other girl. Thus, the promise to marry as per the complainant was false. The complainant even tried to commit suicide. It was also alleged that the complainant has to undergo miscarriage twice at the instigation of the accused. 

While the counsel for the petitioner accused argued that both the parties were in love with a relationship of 4years and sexual intercourse if any was consensual and as such the ingredients of rape are not made out and further that now the dispute whatsoever between the parties have been settled and hence prayed for quashing of the FIR. However, the public prosecutor on the other hand argued that prima facie the ingredients of Rape are made out and thus jurisdiction under 482 cannot be invoked at this stage. 

Dr. Justice Kauser Edappagath while quashing the FIR observed that rape is said to be made out when the sexual intercourse was forced upon the complainant. However, in the present case both the parties were in love and had consensual sexual relationship. Also, it is important to know whether the promise to marriage was false since the inception and the sexual relationship was formed basis such false promise. However, in present case it is admitted that both parties had consensual sexual relationship and went to places together with consent. Also, the complaint filed by the complainant is vague and has no specific allegation to tantamount the promise to marriage was fake or false. Section 313 for miscarriage were also added, but the record show that that the complainant had medical complications due to which pregnancy was terminated. Under given circumstances, the no case is made out against the accused lawyer and thus, the FIR ought to be quashed. The court observed “In the light of the above findings, I am of the view that no useful purpose will be served by allowing the criminal prosecution against the petitioner to continue. Hence, all further proceedings pursuant to in Annexure A1 FIR in Crime No.711/2022 of Ernakulam Central Police Station stands hereby quashed. The Crl.M.C stands allowed.”

Tagged: Kerala HC  
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