Quashing of FIR in rape case 376 IPC- Delhi High Court. Ravi Drall

Quashing of FIR  under section 376 IPC — Ravi Drall- Rape — Promise to marriage- Contents of FIR as well as statement under Section 164 of CrPC leave no manner of doubt that relationship between appellant and second respondent was of consensual nature — Parties were in relationship for about period of one and half years and appellant had expressed disinclination to marry second respondent which led to registration of FIR — Even assuming that all allegations in FIR are correct for purposes of considering application for quashing under Section 482 of CrPC, no offence has been established — There is no allegation to effect that promise to marry given to second respondent was false at inception — It would appear from contents of FIR that there was subsequent refusal on part of appellant to marry second respondent which gave rise to registration of FIR — High Court was in error in declining to entertain petition under Section 482 of CrPC on basis that it was only evidence at trial which would lead to determination as to whether offence was established — Impugned judgment of High Court set aside. [Paras 8, 11, 12] Result: Appeal allowed — High Court judgment reversed.

Promise to marriage Bail was granted in rape case in Delhi High court.

JUDGMENT: SONU @ SUBHASH KUMAR vs STATE OF U.P. & ANR, IV (2021) SLT 200

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