Quashing of Proceedings -- FIR Lodged to Coerce Marriage -- Proceedings arising from consensual relationship quashed
(i) Code of Criminal Procedure, 1973, S.482 -- Quashing of Proceedings -- FIR Lodged to Coerce Marriage -- Criminal proceedings arising out of a consensual relationship that turned sour cannot be sustained where the complaint is lodged primarily to coerce marriage -- Material relied upon by the accused must be sound and of impeccable quality, sufficient to rule out the factual assertions in the complaint, unrefuted by the prosecution, and continuance of trial must amount to abuse of process -- Where all these conditions are met, proceedings are liable to be quashed. (ii) Indian Penal Code, 1860, S.375 -- Rape -- Delayed Allegation After Consensual Relationship -- Where the complainant’s own case is that the desire to marry was expressed after the alleged incident and was voluntarily and willingly accepted, and no promise to marry was held out to procure the relationship, the delayed allegation of rape, raised after a prolonged consensual relationship, does not sustain the charge.
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