Rajasthan HC quashes FIR against a rape-accused as there was consensual relationship between the parties

Rajasthan HC quashed a FIR against a rape-accused as there was consensual relationship between the parties

The Rajasthan High Court quashed an FIR against a rape-accused as there was consensual relationship between the parties.

Background 

The prosecutrix is a jail guard deployed at Central Jail, Bikaner. In the year 2018, she was residing in a rented premises at Jaipur for the purpose of coaching for exams. One Dinesh Meena introduced her to the petitioner. Dinesh Meena had taken her mobile number and often used to call on her mobile number. It is alleged in the FIR that Dinesh Meena told the prosecutrix that a boy named Radha Kishan Meena (the present petitioner) is serving in the Department of Customs at Gujarat and would be a suitable groom for her. 

It is also alleged in the FIR that thereafter the accused petitioner frequently used to call her and she was coaxed to marry with him, for which ultimately the prosecutrix had consented. It is alleged that on 18.4.2018, she was called by the petitioner to meet with him, upon which she left her house and went outside the village. As per allegations, the prosecutrix was induced by the accused to develop physical relations and she surrendered herself before him on account of promise to marry her. 

Arguments  

The petitioner contended that the allegations leveled in the FIR regarding ravishing him are patently false and absurd and the same are leveled only to harass them. It is submitted that even the Investigating Agency has sent a letter to the office of the Deputy Commissioner of Customs, Porbandar asking for providing information regarding the attendance of the petitioner for the month of April and June, 2018 wherein the Department of Customs replied to the Agency that the accused petitioner did not take any leave in the month of April & June, 2018, the copies of which are annexed with the petition.

Public prosecutor contended that there were no grounds for quashing the FIR. From the bare perusal of FIR, commission of cognizable offence is disclosed which requires investigation. It is submitted that it is a clear case of seducement on account of false promise to marry with the young girl, therefore, jointly prayed for dismissal of the petitions. 

Decision 

The single judge bench of Justice Farjand Ali stated that this is an unfortunate but routine case of a boy and a girl having an affair, indulging into a sexual relationship and ultimately ending into a breakup. Present is one of such cases where the parties had consensual sexual relationship and were in love with each other, however, the relationship become sour by the lapse of time.

The court viewed that when a woman is married and educated, then, depending on facts of each case, she is supposed to be well aware of the consequences of having sexual intercourse with a man prior to solemnizing of the marriage. In the event of a consent obtained by fraud, inducement is a necessary ingredient. There must be some material on record to hold prima facie that the girl was induced by the accused to such an extent that she was in agreement to have sexual intercourse with him. 

The court deemed it appropriate to allow the criminal misc. petitions and to quash the proceedings that arose out of the FIR impugned.

Case title: Radhakrishan Meena v/s State of Rajasthan and Ors.

Citation: S.B. Criminal Miscellaneous (Petition) No. 4952/2020

Click here to read the Order/Judgment

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