In Brief
This appeal challenges a High Court order that refused to quash an FIR against the appellant for rape (Section 376, IPC) based on false promise of marriage. The appellant and complainant had a consensual relationship for over five years, lived together as husband and wife with her family's knowledge, and she voluntarily accompanied him on trips. The FIR was registered five years after relations began, after the appellant refused marriage following his army job. The Court held the High Court erred in not applying Section 482, Cr.P.C. to prevent abuse of process. Since the complainant's own case reveals consensual cohabitation rather than rape under false promise, and the accused charge (Section 313, IPC) was already omitted after investigation, the FIR lacked a prima facie case. The appeal was allowed and the FIR quashed.
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