SAURABH MALHOTRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Marriage is considered as sacred union between two individuals - transcending beyond physical, emotional and spiritual bonds. According to the ancient Hindu laws, marriage and its rituals are performed to pursue Dharma (duty), Artha (possessions), and Kama (physical desire). With such sanctity, marriage is more than a ritual and accordingly the present criminal jurisprudence invoke Sec. 90 of the Indian Penal Code (for short "IPC") when the consent of sexual intercourse was sought by the petitioner from the respondent no.2 on the promise of marriage.

(2.) The respondent no.2, who shall be referred as 'A' lodged a FIR no. 88/2022 against the petitioner with Mahila Police Thana at Sawai Madhopur for the offence under Sec. 376 IPC alleging therein that she is 29 years of age and working in News Channel job Bharat 24 and she came in acquaintance with the petitioner in 2020 at Noida and they exchanged their mobile numbers and became friends. On 21/3/2021, the petitioner made a proposal to marry her and developed sexual relations with her and she became pregnant and he gave pills to her to abort the pregnancy. Thereafter they visited Leh Ladhak, Vrindavan, Dehradun, Mussoorie. Thereafter the petitioner refused to marry her.

(3.) However, the petitioner and the Respondent 'A' have got married on 17/10/2022 and get their marriage registered before Marriage Registration Officer-V at Ghaziabad (UP).