HARISH KUMAR Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing of F.I.R. No.314 of 2006 registered at Police Station Bhajanpura against the petitioner under Sections 376/493 IPC. The allegations made by the prosecutrix in her complaint to the police are as under :-

(2.) On the basis of above statement of prosecutrix, a case under section 376/493 IPC was registered against the accused. The statement makes it apparent that the prosecutrix was aware that she was not married to Harish and marriage between her and Harish was yet to take place. She had developed intimacy and she herself was in love with Harish and she and Harish with consent of each other were enjoying each other's body and having sexual relationship. Since it is a case of obvious consent of the prosecutrix, who was aware that no marriage had taken place and marriage between parties was yet to take place, no case either under Section 376 or 493 IPC is made out.

(3.) The F.I.R. registered against the accused is a gross misuse of powers by the police and is liable to be quashed and is hereby quashed.