Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.482 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s.482 – Second respondent lodged FIR against the appellant alleging that appellant developed friendship with her and assured that he would marry her – Appellant and second respondent developed physical relationship for about one and a half years and subsequently appellant expressed disinclination to marry her – Charge sheet filed against appellant under s.376 IPC – s.482 application filed by appellant for quashing the charge-sheet – High Court dismissed the application with direction that appellant may move trial court to seek discharge at appropriate stage – Hence instant appeal – Held: To establish whether the “consent” was vitiated by a “misconception of fact” arising out of a promise to marry, two propositions must be established – Promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given – The false promise itself must be of immediate relevance, or bear a direct nexus to the woman’s decision to engage in the sexual act – In the instant case, the FIR and statement under s.164 Cr.P.C showed that the relationship between the appellant and second respondent was consensual in nature – There was no allegation to the effect that the promise to marry given to the second respondent was false at the inception – On the contrary, the contents of the FIR showed that there was a subsequent refusal on the part of the appellant to marry the second respondent which gave rise to the registration of the FIR – On these facts, the High Court was in error in declining to entertain the petition under s.482 on the basis that it was only the evidence at trial which would lead to a determination as to whether an offence was established – Penal Code, 1860 – ss.375, 376. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 134 |
Petitioner | Sonu @ Subhash Kumar |
Respondent | State Of Uttar Pradesh & Anr. |
SCR | [2021] 2 S.C.R. 137 |
Judgement Date | 2021-03-01 |
Case Number | 233 |
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