exual intercourse on promise of marriage

QUASHING CRIMINAL PROCEEDINGS

Criminal Procedure Code, 1973, Section 482 - Inherent powers - Quashing of criminal proceedings - Offence under Sections 493, 376, 420 and 34 IPC - Accused had sexual intercourse on promise of marriage - Statements recorded under Sections 161, 164 CrPC not indicating promise to marry was false or informant engaged in sexual relation on the basis of such promise - Petitioner was well aware of the fact that such promise to marry made during the subsistence of valid marriage of the accused - Ring ceremony was done after the death of her elder sister which clearly shows that there was no deviation from any promise that alleged to have been done - It cannot be said that accused had an initial deception in his mind not to marry the victim - No case either under Section 493 or Section 376 or Section 420 IPC was made out - Criminal proceedings quashed. (Gauhati) [DocId#2440104]