The SC quashed an FIR registered on rape charges, saying there was no allegation to the effect that the marriage promise made by the accused was false from the beginning.
The petition seeking the cancellation of the FIR of the accused was rejected by the Allahabad High Court, after which he approached the apex court and argued that reading the statement given under Section 164 of the CrPC along with the FIR clearly indicates That when he entered into this relationship, he had no intention that he did not want to marry the complainant of the case nor could it be suggested that his promise to marry was false.
The bench observed after looking into the FIR that (a) the relationship between the accused and the victim / complainant was of the nature of a mutual consent; (B) The two parties had been in a relationship for a period of about one and a half years; And (c) Subsequently, the accused had expressed a reluctance to marry due to which an FIR was lodged.
In this case, according to the FIR, the physical relationship between the accused and the complainant was formed and their relationship lasted for a period of about one and a half years, during which he also interacted with the parents and sister of the accused. It was alleged in the FIR that the parents of the accused agreed to their marriage. In her statement under Section 164 of the CrPC, she stated that “Now, he and his family members are refusing to marry me” and the “only complaint is that Sonu refuses to marry me.”
