Criminal Procedure Code, 1973, Section 482 – Quashing of FIR – Rape – Allegation in FIR for the offences punishable under Sections 376(2),377, 504, 506 IPC and various clauses of Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 – Second respondent was admittedly more than 18years old when the relationship commenced – Material, which is a part of the investigation papers, showed that the physical relationship between the appellant and the second respondent was consensual, at least from 2013 to 2017 – The fact that they were engaged was admitted by the second respondent – The fact that in 2011, the appellant proposed her and in 2017, there was engagement is accepted by the second respondent – Though, she participated in the engagement ceremony without any protest yet she has denied that her marriage was solemnised with the appellant –Held that taking the prosecution case as correct, it is not possible to accept that the second respondent maintained a physical relationship only because the appellant had given a promise of marriage – Continuation of the prosecution in the present case will be a gross abuse of the process of law -Therefore, no purpose will be served by continuing the prosecution – The appellant has accepted that the second respondent is his legally wedded wife and the child born to the second respondent is his child -Appellant directed to pay a sum of Rs. 5 lakhs to the second respondent -This will be without prejudice to the right of the second respondent to claim maintenance for herself and for her daughter from the appellant in accordance with law -Direct that the amount of Rs.10,00,000/- already deposited by the appellant with the High Court shall be invested appropriately till the child attains majority – Impugned judgment and order dated 26thFebruary 2021 is hereby quashed and set aside – Crime No. 78of 2018 registered against appellant, as well as the charge sheet filed on the basis of the same, and further proceedings of the case stand quashed. (Para, 8, 12 to 15)
SUPREME COURT OF INDIA
2024 STPL(Web) 70 SC
[2024 INSC 70]
Sheikh Arif Vs.State Of Maharashtra & Anr.
Criminal Appeal No. 1368 of 2023-Decided on 30-1-2024
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