Rape–False Promise to Marry–Allegation of Abortion without consent was also made–After investigation S.313 IPC was dropped out of chargesheet–FIR quashed–Rape–False Promise to Marry–Complaint after long delay of living together as husband and wife–Thus, subsequent refusal to marry the complainant would not be sufficient–FIR quashed
(A) Indian Penal Code, 1860, S.376 and S.313–Rape–False Promise to Marry–Abortion without consent–Quashing–Victim alleged physical relationship were established on many occasions on promise to marry and they were living together as husband and wife–That accused also caused miscarriage without her consent–Investigation revealed that no such offence was made out and S.313 IPC was dropped out of chargesheet–Evidence on record establish that physical relationship was consensual–Thus, there is no prima facie case under S.376 IPC against accused–FIR quashed–Criminal Procedure Code, 1973, S.482.
(B) Indian Penal Code, 1860, S.376–Rape–False Promise to Marry–Complaint after long delay of living together–Quashing–Victim and Accused were living together for 5 years as husband and wife–Victim had went with accused at various places with knowledge of her family and stayed with him in hotels during such visits–FIR was lodged thereafter–Thus, subsequent refusal to marry the complainant would not be sufficient–No prima facie case for proceeding further against the accused–FIR quashed–Criminal Procedure Code, 1973, S.482. (Para 14)