Case Note & Summary
The applicant, Nandan Sadanand Bendarkar, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of R.C.C. No. 0400842 of 2014 (later Sessions Case No. 159 of 2014) pending before the Sessions Judge, Pune, arising from FIR No. 242 of 2013 registered at Kotharud Police Station. The FIR was lodged by the respondent-complainant, a divorcee, alleging offences under Sections 376 (rape) and 420 (cheating) of the Indian Penal Code, 1860. The complainant had registered on the matrimonial portal www.shadi.com and contacted a profile under the name 'Ashwin Bairagi'. Upon meeting, the applicant disclosed his real name as Nandan Sadanand Bendarkar, age 47, working in Dubai, and that he had used a pseudo name on the portal. The complainant alleged that the applicant had sexual relations with her on the false promise of marriage, despite being already married with a child. The applicant contended that the relationship was consensual and that the complainant was fully aware of his marital status. The High Court examined the allegations and the charge-sheet material. It noted that the complainant herself admitted in her statement that the applicant had informed her about his wife and child, and that she continued the relationship. The court held that the essential ingredients of rape under Section 375 IPC were not made out as the consent was not vitiated by a false promise of marriage, given the complainant's knowledge. Regarding cheating under Section 420 IPC, the court found no deception at the inception, as the complainant knew the applicant's true identity. Consequently, the court allowed the application and quashed the criminal proceedings.
Headnote
A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Inherent Powers - The High Court can quash criminal proceedings to prevent abuse of process of court or to secure ends of justice. The court examined whether the allegations in the FIR and charge-sheet prima facie constitute the offences alleged. (Paras 1, 20-30) B) Indian Penal Code, 1860 - Section 376 - Rape - Consent - A promise to marry without intention to fulfill does not vitiate consent if the complainant was aware of the accused's marital status and the relationship was consensual. The court held that the complainant knew the applicant was married and had a child, yet continued the relationship; thus, no prima facie case of rape. (Paras 20-25) C) Indian Penal Code, 1860 - Section 420 - Cheating - Deception - For cheating, there must be deception at the inception of the transaction. The court found that the complainant was aware of the applicant's true identity and marital status from the beginning; hence, no deception or inducement to deliver property. (Paras 26-30)
Issue of Consideration
Whether the criminal proceedings for offences under Sections 376 and 420 IPC should be quashed under Section 482 CrPC when the relationship was consensual and the complainant was aware of the applicant's marital status and identity.
Final Decision
The High Court allowed the application and quashed the criminal proceedings in R.C.C. No. 0400842 of 2014 (Sessions Case No. 159 of 2014) pending before the Sessions Judge, Pune.
Law Points
- Section 482 CrPC quashing
- prima facie case
- rape
- cheating
- matrimonial portal
- consensual relationship
- false promise of marriage
- breach of promise
- deception
- ingredients of Section 375 IPC
- ingredients of Section 420 IPC
