X vs A 2024 INSC 216 – Rape By Giving Promise To Marry – Quashing

Indian Penal Code, 1860; Section 375 – Rape by giving promise to marry – Appeal against HC judgment Quashing criminal proceedings against accused dismissed- The allegations in the FIR so also in the restatement made before the Dy. S.P.,, do not, on their face, indicate that the promise by accused No. 1 was false or that the complainant engaged in the sexual relationship on the basis of such false promise. This apart from the fact that the prosecutrix has changed her version. The version of events given by the prosecutrix in the restatement is totally contrary to the one given in the FIR -Referred to Pramod Suryabhan Pawar v. State of Maharashtra (2019) 9 SCC 608 and Shambhu Kharwar v. State of Uttar Pradesh 2022 SCC OnLine SC 1032. (Para 15)

Code Of Criminal Procedure, 1973; Section 482 – The power of quashing the criminal proceedings should be exercised very sparingly and with circumspection and that too in the rarest of rare casees- the Court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint. (Para 18)

Leave a Comment