Familial Relationship Between Prosecutrix And Accused Doesn't Negate Possibility Of 'Promise Of Marriage': Delhi HC Refuses To Quash Rape FIR
1 month, 2 weeks ago

Familial Relationship Between Prosecutrix And Accused Doesn't Negate Possibility Of 'Promise Of Marriage': Delhi HC Refuses To Quash Rape FIR

Live Law  

While refusing to quash an FIR under Section 376 IPC for false promise of marriage, the Delhi High Court observed that the nature of the relationship between the parties is a crucial factor in determining whether there was any promise of marriage and whether the consent was vitiated by a misconception of fact. Justice Chandra Dhari Singh was considering the petitioner's plea to quash FIR under Section 376 IPC lodged by his distant relative/prosecutrix. “The nature of the relationship between the parties is a crucial factor in determining whether any promise of marriage was made and whether the respondent's consent was vitiated by a misconception of fact. Here, the Court noted that the prosecutrix explained that the delay was “influenced by her belief in the sincerity of their 12-year relationship and her hope that the petitioner would return.” It noted that when she discovered that the petitioner was planning to marry another woman, she lodged the FIR.

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History of this topic

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape
1 week, 2 days ago

Madhya Pradesh High Court Denies Relief To Advocate Booked For Client's Rape

Live Law  

The Gwalior Bench of Madhya Pradesh High Court has refused to quash an FIR lodged against an Advocate for allegedly misusing his professional relationship with a client and committing rape on her. The Court also said that prosecutrix statement recorded under Section 164 of CrPC, in which she denied the allegation, cannot be given preference over FIR and statement recorded …

Rape cases involving false marriage promises need clear evidence: Delhi HC
2 weeks, 4 days ago

Rape cases involving false marriage promises need clear evidence: Delhi HC

Hindustan Times  

The Delhi high court has acquitted a man in a rape case, ruling that a long-term consensual sexual relationship does not automatically imply the woman’s consent was solely based on a promise of marriage. A bench of justice Jasmeet Singh emphasised that a conviction for rape under the false pretence of marriage requires strong evidence proving the relationship was established …

'Presumption That Woman Engages In Intimacy Only To Marry Is Patriarchal': Orissa HC Questions Criminalising Sex On False Promise Of Marriage
3 weeks, 5 days ago

'Presumption That Woman Engages In Intimacy Only To Marry Is Patriarchal': Orissa HC Questions Criminalising Sex On False Promise Of Marriage

Live Law  

The Orissa High Court has questioned the underlying presumption behind criminalisation of sex on 'false promise of marriage' and held that the assumption that a woman engages in acts of intimacy with a man only as a 'prelude' to marriage is a patriarchal thought and not a principle of justice. To assume otherwise is to deny women the full measure …

'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage
3 weeks, 5 days ago

'Failure Of Love Not A Crime': Orissa HC Quashes Rape Charges Against Man Accused Of Sex On False Promise Of Marriage

Live Law  

The Orissa High Court has quashed rape charges against a man who was accused of having repeated sex with a woman/complainant stretching over a period of about nine years on false promise of marriage. The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi said that non-culmination of the relationship into marriage may be a source of personal grievance but not …

Mere Refusal To Marry Does Not Constitute Offence Of Cheating Unless Ingredients U/S 90 Of IPC Are Met: Gauhati High Court
1 month, 3 weeks ago

Mere Refusal To Marry Does Not Constitute Offence Of Cheating Unless Ingredients U/S 90 Of IPC Are Met: Gauhati High Court

Live Law  

The Gauhati High Court recently set aside the judgment and sentence order passed by a Trial Court under Section 417 of IPC on the ground that mere refusal to marry would not constitute an offence under Section 417 of IPC until and unless the requirement under Section 90 of IPC is established by the prosecution. The single judge bench comprising …

'Consensual Relationship Turned Sour': Madras High Court Acquits Man Convicted For Committing Rape On False Promise Of Marriage
1 month, 3 weeks ago

'Consensual Relationship Turned Sour': Madras High Court Acquits Man Convicted For Committing Rape On False Promise Of Marriage

Live Law  

The Madras High Court has recently quashed a case against a 26-year-old man who was convicted and sentenced for allegedly raping his partner on a false promise to marry. The court also noted that the victim's statement revealed that the couple's physical relationship was not merely due to the alleged promise to marry and that the couple shared a good …

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
3 months ago

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Dismissing a plea by one accused Sat Paul, seeking quashing of the FIR filed against him for alleged offences under Sections …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
3 months, 1 week ago

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law  

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
3 months, 2 weeks ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

Rape On False Promise To Marry Requires Proof That Physical Relationships Was Only Based On Marriage Promise : Supreme Court
3 months, 3 weeks ago

Rape On False Promise To Marry Requires Proof That Physical Relationships Was Only Based On Marriage Promise : Supreme Court

Live Law  

A recent Supreme Court judgment has given clarity as to when a consensual sexual relationship can amount to the offence of rape on the false promise of marriage.The Court observed that when a woman has maintained a physical relationship with a man for a long period, it cannot be said with certainty that such relationship was solely because of a …

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order
5 months ago

SC Quashes Case Against Man For Rape on False Promise of Marriage: Bench Sets Aside High Court Order

News 18  

The Supreme Court has quashed a case filed against a man for rape on false promise of marriage. The court found that there was a huge irregularity between the statements of the complainant that the accused ‘established physical relationship with her without her consent’ and ‘started living with her as her husband’. The bench also noted that it was evident …

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
8 months ago

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years

News 18  

The Kerala High Court has quashed the criminal proceedings against a man accused of rape, in a case filed after 13 years of the alleged incident, concluding that the sexual intercourse was consensual and not based on any misconception of fact. The court observed that no formal complaint was filed until 2017, with the first alleged incident occurring 13 years …

Rape On False Promise To Marry | Factors Like Age, Education, Profession Of Both Complainant & Accused Relevant: Punjab & Haryana High Court
8 months, 2 weeks ago

Rape On False Promise To Marry | Factors Like Age, Education, Profession Of Both Complainant & Accused Relevant: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that while adjudicating a rape case based on false promise to marry, the Court should take into accounts factors like comparative age of accused and victim, their educational, social and economic background and the nature of their profession.The list is not exhaustive and Court said entirety of facts and circumstances of each …

Didn't File Complaint Despite Repeated Forceful Rape, Instead Married The Accused: MP High Court Quashes FIR Holding Prosecutrix's Version Unreliable
9 months, 1 week ago

Didn't File Complaint Despite Repeated Forceful Rape, Instead Married The Accused: MP High Court Quashes FIR Holding Prosecutrix's Version Unreliable

Live Law  

The Madhya Pradesh High Court has recently quashed a FIR registered for rape and criminal intimidation since the prosecutrix's version that she was forcefully raped repeatedly did not instil confidence in the context of her marriage with the accused. The single-judge bench of Justice Vishal Dhagat held that the prosecutrix's failure to lodge a FIR despite repeated acts of alleged …

Rape FIR against married man quashed after he promises never to contact woman
11 months, 2 weeks ago

Rape FIR against married man quashed after he promises never to contact woman

India Today  

An FIR for rape against a married man has been quashed by the Bombay High Court after the woman told the court, "The relationship was of a consensual nature. The bench of Justices PD Naik and NR Borkar heard a plea filed by the accused against whom an FIR was registered on February 3, 2024, at the Lonavala Police Station …

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate
1 year ago

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate

Live Law  

The Delhi High Court has observed that unfortunate are the matrimonial disputes where the “fountain head of friction” inter se the spouses is mere lack of adjustment, understanding and the will to stay together. “These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the …

Delhi High Court upholds law barring marriage of distant relatives
1 year, 1 month ago

Delhi High Court upholds law barring marriage of distant relatives

Hindustan Times  

The Delhi high court upheld the validity of the Hindu Marriage Act provision that prohibits marriage between two people who are distantly related, saying that the consent of parents for a marriage between blood relatives cannot be treated as a custom under the law. The division bench, which also included justice Manmeet PS Arora, said the woman failed to prove …

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship
1 year, 4 months ago

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship

Live Law  

The Karnataka High Court has quashed a rape case against an accused subject to him solemnizing marriage with the survivor, who claimed they were in a consensual relationship while she was a minor and now having attained majority, intend to marry each other. A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Chikkaredappa and directed him …

Married Woman Can't Claim Consent To Establish Physical Relations Outside Marriage Obtained On False Promise To Marry: Jharkhand HC Quashes Rape FIR
1 year, 6 months ago

Married Woman Can't Claim Consent To Establish Physical Relations Outside Marriage Obtained On False Promise To Marry: Jharkhand HC Quashes Rape FIR

Live Law  

The Jharkhand High Court has dismissed a rape case filed by a woman who was a married adult, noting that she was fully aware of the potential consequences of engaging in a physical relationship with another person. The court ruled that the accused could not be deemed to have obtained her consent under false pretense, thus quashing the charges based …

Consensual Relationship Continuing For 6 Years, Not Rape: Jharkhand High Court Quashes Case For False Promise To Marry Widowed Sister-In-Law
1 year, 6 months ago

Consensual Relationship Continuing For 6 Years, Not Rape: Jharkhand High Court Quashes Case For False Promise To Marry Widowed Sister-In-Law

Live Law  

The Jharkhand High Court has granted relief to a man accused of raping his widowed sister-in-law under pretext of false to marry her, asserting that prosecutrix was a married woman of legal age, was well aware of the consequences of her relationship with her brother-in-law. Taking into account the accusations outlined in the FIR, which were being substantiated by the …

How are ‘false promise to marry’ cases treated in the new criminal law Bill? | Explained
1 year, 6 months ago

How are ‘false promise to marry’ cases treated in the new criminal law Bill? | Explained

The Hindu  

The story so far: If a man promises to marry a woman but never intends to, and still has ‘consensual’ sex with her, it will amount to a criminal offence under Section 69 of the proposed Bharatiya Nyaya Sanhita, 2023. Chapter 5 of the Bill, titled “Offences against woman and children” describes ‘sexual intercourse by employing deceitful means etc.’, as …

'Not A Case Of False Promise Of Marriage': Gujarat High Court Quashes Second Rape Case Against Man
1 year, 8 months ago

'Not A Case Of False Promise Of Marriage': Gujarat High Court Quashes Second Rape Case Against Man

Live Law  

The Gujarat High Court recently quashed a rape case against a man, observing that the case is of consensual sex. The court said that the complainant was well aware of the pros and cons of the relationship and that no false promise of marriage was given at the early stage. It is not the case that, but for the false …

Consensual sex not rape if promise of marriage broken: Orissa High Court
1 year, 8 months ago

Consensual sex not rape if promise of marriage broken: Orissa High Court

Firstpost  

The Supreme Court order had said that if two persons maintained a physical relationship on an assurance of marriage to the victim, which due to some reasons failed to materialise later, it cannot be called rape with a claim that the promise had been broken, the bench observed. The Orissa High Court has said that if a consensual physical relationship …

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC
1 year, 9 months ago

Courts Should Not Draw Conclusions At Stage Of Bail About Promise Of Marriage, Such Finding Must Await Evaluation Of Evidence At Trial: Delhi HC

Live Law  

The Delhi High Court on Thursday observed that it is neither appropriate nor feasible for courts to draw any conclusion or return any finding at the stage of bail of an accused as to whether a promise of marriage made to a prosecutrix was false or in bad faith.Justice Anup Jairam Bhambhani added that such a a finding or decision …

Promise Of ‘Marriage After Divorce’ By Itself Does Not Amount To Cheating: Calcutta High Court Sets Aside Conviction Of Man In Case Under Section 417 IPC
1 year, 10 months ago

Promise Of ‘Marriage After Divorce’ By Itself Does Not Amount To Cheating: Calcutta High Court Sets Aside Conviction Of Man In Case Under Section 417 IPC

Live Law  

The Calcutta High Court recently set aside trial court's decision to convict under Section 417 of IPC a man accused of inducing a woman to have sexual relation with him on the promise to marry her after the dissolution of his previous marriage. According to prosecution case, the victim had agreed to live together with the appellant as there was …

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’
1 year, 11 months ago

‘Their Married Life Cannot Be Disturbed For Sake Of Trial’: Punjab And Haryana High Court Quashes Rape Case As Accused Marries ‘Victim’

Live Law  

Quashing a rape case on the basis of compromise between the accused and complainant, the Punjab and Haryana High Court said their married life cannot be disturbed for the sake of trial in the FIR. to prevent abuse of the process of any court or to secure the ends of justice.’ In the case in hand the petitioner and respondent …

[False Promise To Marry] One Person Can't Be Prosecuted For Rape Merely Because Mutual Relationship Turned Sour: Bombay High Court
1 year, 11 months ago

[False Promise To Marry] One Person Can't Be Prosecuted For Rape Merely Because Mutual Relationship Turned Sour: Bombay High Court

Live Law  

When two people invest in a relationship, one of them cannot be blamed merely because the other alleged rape after things went south and the relationship didn’t culminate into a marriage, the Bombay High Court observed while discharging a man accused of raping his girlfriend since eight years. Justice Bharati Dangre set aside the trial court’s order refusing to discharge …

Putting Vermillion, Garlanding Each Other Sufficient To Induce Belief Of Lawful Marriage: Delhi Court Directs Registration Of FIR In Alleged Rape Case
1 year, 11 months ago

Putting Vermillion, Garlanding Each Other Sufficient To Induce Belief Of Lawful Marriage: Delhi Court Directs Registration Of FIR In Alleged Rape Case

Live Law  

A Delhi court has directed the Delhi police to register an FIR against a man for allegedly raping a woman on the false pretext of marrying her observing that acts of putting vermillion on head and garlanding each other are sufficient to induce the belief of lawful marriage.Additional Sessions Judge Arul Varma of Saket Courts directed the police to register …

Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court
2 years ago

Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court

Live Law  

The Karnataka High Court has quashed charges of rape levelled against an accused who was booked on the complaint made by the victim, after the accused refused to marry her on being in a relationship with her for over five years. Therefore, for five long years, it cannot be said that the consent of a woman has been taken for …

Jammu & Kashmir High Court Quashes Rape FIR, Says Proposal For Live-In To Ascertain How Relationship Will Work Out Not False Promise To Marry
2 years ago

Jammu & Kashmir High Court Quashes Rape FIR, Says Proposal For Live-In To Ascertain How Relationship Will Work Out Not False Promise To Marry

Live Law  

The Jammu and Kashmir and Ladakh High Court recently quashed a rape FIR, observing that a proposal made by the accused to prosecutrix for live-In relationship, so as to ascertain how their relationship will work, does not tantamount to false promise to marry. The bench comprising Justice Sanjay Dhar observed, "He proposed to have live-in-relationship with her, meaning thereby that …

Every Breach Of Promise To Marry Is Not 'Rape' : Supreme Court Acquits Man Sentenced To 10 Years Imprisonment
2 years, 1 month ago

Every Breach Of Promise To Marry Is Not 'Rape' : Supreme Court Acquits Man Sentenced To 10 Years Imprisonment

Live Law  

The Supreme Court observed that it would be a folly to treat every breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 IPC.One cannot deny a possibility that the accused might have given a promise with all seriousness to marry her, and subsequently might have encountered certain …

'Consensual Relationship, Promise To Marry Was Not False': Kerala High Court Quashes Rape Case
2 years, 2 months ago

'Consensual Relationship, Promise To Marry Was Not False': Kerala High Court Quashes Rape Case

Live Law  

The Kerala High Court on Tuesday quashed rape case against a 31-year-old man, observing that he and the complainant were in a consensual relationship and his promise to marry her was not with an intention to deceive her.The accused and the complainant had worked together in the Malayalam Serial, 'Akashadooth'. The Kerala High Court on Tuesday quashed rape case against …

Calcutta HC Refuses To Quash Case Against Judicial Magistrate Accused Of Raping Litigant On False Promise To Marry Her
2 years, 3 months ago

Calcutta HC Refuses To Quash Case Against Judicial Magistrate Accused Of Raping Litigant On False Promise To Marry Her

Live Law  

The Calcutta High Court on Monday refused to quash criminal proceedings initiated against a judicial officer accused of raping a litigant on a false promise to marry her. The matrimonial dispute of the complainant was pending before the petitioner herein, a member of the WB Judicial Service who held the post of Additional Chief Judicial Magistrate at the time, when …

'No Specific Allegation Of False Promise of Marriage': Kerala High Court Quashes Rape Case Against Lawyer
2 years, 4 months ago

'No Specific Allegation Of False Promise of Marriage': Kerala High Court Quashes Rape Case Against Lawyer

Live Law  

Quashing a rape case against a lawyer, the Kerala High Court on Thursday said there is no specific allegation in the prosecutrix's statement that he had given a false promise to marry her based on which she had been induced into a sexual relationship. "There is absolutely no specific allegation in the FI statement that the petitioner had given a …

Consent Of Prosecutrix Not Vitiated When Her Doubts In Relationship Got Cemented With Lapse Of Time: Jharkhand High Court
2 years, 10 months ago

Consent Of Prosecutrix Not Vitiated When Her Doubts In Relationship Got Cemented With Lapse Of Time: Jharkhand High Court

Live Law  

The Jharkhand High Court recently held that the consent of the prosecutrix under Section 90 of the Indian Penal Code was not vitiated when her doubts in the relationship got cemented with the lapse of time. Setting aside the conviction of the accused under Section 376 of the Indian Penal Code, a Division Bench of Justices Rongon Mukhopadhyay and Rajesh …

"Wife Filed Unsubstantiated Criminal Complaint Against Husband, His Family Causing Immense Mental Cruelty": Delhi HC Dissolves Marriage
3 years ago

"Wife Filed Unsubstantiated Criminal Complaint Against Husband, His Family Causing Immense Mental Cruelty": Delhi HC Dissolves Marriage

Live Law  

The Delhi High Court has dissolved marriage between a couple living separately for 12 years taking note of the fact that the wife had filed an unsubstantiated criminal complaint against the husband and his family members which caused them immense mental cruelty and agony.Justice Vipin Sanghi and Justice Jasmeet Singh dissolved the marriage by decree of divorce under Sections 13. …

Delhi HC refuses to quash rape FIR after settlement, marriage of both parties
3 years, 2 months ago

Delhi HC refuses to quash rape FIR after settlement, marriage of both parties

Op India  

The Delhi High Court has refused to dismiss an FIR filed against a government employee charged with rape, stating that such an FIR cannot be dismissed on the basis of a settlement reached between the parties and their subsequent marriage because it does not absolve the claimed violation. The Court noted that, while both parties had reached an amicable settlement …

'Conscious Decision': Delhi HC Quashes FIR Against Man Who Married Girl Aged 17 Yrs 11 Months & 12 Days
3 years, 2 months ago

'Conscious Decision': Delhi HC Quashes FIR Against Man Who Married Girl Aged 17 Yrs 11 Months & 12 Days

Live Law  

Noting that it was a conscious decision, the Delhi High Court has quashed FIR against a man who had married a girl aged 17 years 11 months & 12 days i.e. Noting that the girl was nearly 18 years old, the Court after perusing her statement observed thus: "The petitioner has married "K" and is living happily with him. On …

Mere Refusal To Marry After Sexual Relations Not Offence of Cheating : Bombay High Court
3 years, 2 months ago

Mere Refusal To Marry After Sexual Relations Not Offence of Cheating : Bombay High Court

Live Law  

Mere refusal to marry a woman after a long relationship would not constitute the offence of 'cheating' under section 417 of the Indian Penal Code if there is no evidence of fraudulent misrepresentation of promise of marriage for sex, the Bombay High Court held. Justice Anuja Prabhudessai observed that in the instance case the couple had indulged in sexual relations …

'Complainant Was Conscious Of The Fact That Marriage May Not Take Place': Madras High Court Dismisses Rape Charges On False Promise To Marry
3 years, 5 months ago

'Complainant Was Conscious Of The Fact That Marriage May Not Take Place': Madras High Court Dismisses Rape Charges On False Promise To Marry

Live Law  

The Madras High Court on Monday ruled that an offence of rape under Section 376 IPC on the pretext of false promise to marry is not made out when the complainant willingly engages in the sexual act knowing that the intended marriage may not take place at all on account of her own marital status. The facts of the case …

Can't Use 'Astrological Incompatibility' To Avoid Rape Charges On False Promise Of Marriage – Bombay High Court
3 years, 6 months ago

Can't Use 'Astrological Incompatibility' To Avoid Rape Charges On False Promise Of Marriage – Bombay High Court

Live Law  

The Bombay High Court refused to discharge a 32-year-old man accused of 'rape on false promise of marriage' and cheating, rejecting his claims of 'astrological incompatibility' as valid reason for refusing the marriage. "Thus, I am convinced.it is a case of false promise to marry which apparently vitiates the complainant's consent", the judge noted. The accused booked for rape and …

"Man Willing To Marry Prosecutrix If She Converts Religion, No False Promise To Marry": Allahabad High Court Grants Bail To Rape Accused
3 years, 6 months ago

"Man Willing To Marry Prosecutrix If She Converts Religion, No False Promise To Marry": Allahabad High Court Grants Bail To Rape Accused

Live Law  

The Allahabad High Court granted bail to one Javed Alam who has been accused of establishing physical relations with the victim on the false promise of marriage while noting that he is willing to marry the victim if she converts her religions. Court's observations The Court, at the outset, noted that the applicant and the prosecutrix maintained physical relations consensually …

Sex On False Promise- 'Putting Vermillion On Victim's Forehead Shows Man's Intention To Marry': Allahabad HC Refuses To Quash FIR U/S 376 IPC
3 years, 6 months ago

Sex On False Promise- 'Putting Vermillion On Victim's Forehead Shows Man's Intention To Marry': Allahabad HC Refuses To Quash FIR U/S 376 IPC

Live Law  

The Allahabad High Court recently held that under the Hindu rituals and customs, putting vermilion on the forehead of a woman by a man conveys a man's promise and intention to marry the woman, which is sufficient enough for a woman to believe that he would in fact, marry her. Court's observations At the outset, the court noted that to …

"Subsequent Marriage Between Man & Woman Does Not Waive Off Offence Of Rape": Delhi HC Refuses To Quash Rape FIR
3 years, 7 months ago

"Subsequent Marriage Between Man & Woman Does Not Waive Off Offence Of Rape": Delhi HC Refuses To Quash Rape FIR

Live Law  

The Delhi High Court recently refused to quash an FIR involving rape charges against a man after observing that subsequent marriage between a man and a woman does not waive off the offence of rape.A single judge bench comprising of Justice Mukta Gupta dismissed the petition filed by a man seeking quashing of FIR registered under sec. 2 does not …

Bombay HC refuses to quash FIR against lawyer accused of 'raping' second wife
3 years, 10 months ago

Bombay HC refuses to quash FIR against lawyer accused of 'raping' second wife

India Today  

The Aurangabad bench of Bombay High Court on Monday refused to quash an FIR against a lawyer accused of raping, cheating and wrongful confinement of his second wife. However, in her second affidavit, filed jointly by the woman and Ranjit Gaund, she blamed the investigating officer for adding the offence in the FIR, saying she never alleged rape. The court, …

No Allegation That Promise To Marry Was False At The Inception: Supreme Court Quashes Rape Case
4 years ago

No Allegation That Promise To Marry Was False At The Inception: Supreme Court Quashes Rape Case

Live Law  

The Supreme Court quashed an FIR alleging rape observing that there is no allegation to the effect that the promise to marry given by the accused was false at the inception.The accused, whose petition seeking quashing of FIR was dismissed by the Allahabad High Court, had approached the Apex Court contending that a bare reading of the FIR as well …

Rape-Marriage Promise Can't Be Called Inducement When Sexual Activity Continues Over Indefinite Period Of Time: Delhi High Court
4 years, 3 months ago

Rape-Marriage Promise Can't Be Called Inducement When Sexual Activity Continues Over Indefinite Period Of Time: Delhi High Court

Live Law  

The Bench of Justice Vibhu Bakhru dismissed the appeal impugning a judgment dated 24.03.2018 of Trial Court, whereby the accused was acquitted of the offences for which he was charged – offences punishable under Section 417/376 of the Indian Penal Code, 1860. The prosecution's case rested almost entirely on the statements and the testimony of the complainant and after analysing …

Long-term sexual relation based on promise of marriage can’t be involuntary, says Delhi HC
4 years, 3 months ago

Long-term sexual relation based on promise of marriage can’t be involuntary, says Delhi HC

Hindustan Times  

“A promise of marriage cannot be held as an inducement for engaging in sex over a protracted and indefinite period of time”, the Delhi high court said, while dismissing the appeal of a woman who had challenged the acquittal of man who she had accused of raping on the pretext of marriage. The single judge bench was hearing the appeal …

Rape Accused Marries Prosecutrix: Delhi High Court Grants Anticipatory Bail To Accused
4 years, 3 months ago

Rape Accused Marries Prosecutrix: Delhi High Court Grants Anticipatory Bail To Accused

Live Law  

The Delhi High Court on Friday allowed the anticipatory bail application of a rape accused after the victim's mother expressed that she has no objection to the same. In view of these submissions, a Single Bench of Justice Manoj Kumar Ohri allowed the pre-arrest bail plea and ordered that in the event of his arrest, the petitioner be released on …

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