JAIPUR: The Rajasthan High Court ordered quashing of an FIR against one Radhakrishan Meena over charges of repeated rape on the promise of marriage on Friday, maintaining that there was a difference between breach of promise and false promise.
The single bench of Justice Farjand Ali, which heard the case filed at mahila police station in Alwar, said, “This is an unfortunate but routine case of a boy and a girl having an affair, indulging in sexual relations and ultimately ending in a breakup. The parties had consensual sexual relationship and were in love with each other. However, the relationship became sour by the lapse of time.”
The court said the records showed that there was no evidence to show or suggest that right from the start, the accused petitioner had not intended to deceive the woman to convince her to engage in sexual relationship. There are no allegations in the FIR that at what point of time the petitioner had made the false promise to marry the complainant or whether it was done in bad faith or only with an intention to deceive her.
The failure of the accused in 2020 to fulfill his promise made by him to the complainant in 2018 cannot be construed to mean that the promise itself was false. The allegations in FIR indicate that the complainant continued to engage in sexual relationship with the petitioner for a long period of two years. The accused is not a resident of the same place as the complainant but serving at customs department in Porbandar, Gujarat. There is no material on basis of which it could be assumed that she was deceived by the accused on account of false promise of marriage. Therefore no offence can be made out under Section 375 (rape) of IPC, the court said.
