Himachal Pradesh High Court
Reserved On : 22.12.2025 vs Kashish Sharma & Anr on 6 January, 2026
Author: Virender Singh
Bench: Virender Singh
12026:HHC:1754
2026:HHC:1754
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Cr. MMO No. 694 of 2025
Reserved on : 22.12.2025
.
Decided on : 6.1.2026
Shubham Parmar & ors.
...Petitioners
of
Versus
Kashish Sharma & anr.
rt ...Respondents
____________________________________________________
Coram
Hon'ble Mr. Justice Virender Singh, Judge
Whether approved for reporting? yes ____________________________________________________ For the Petitioners : Petitioners No. 1 and 2 with Mr. Ajay Sharma, Senior Advocate, assisted by Mr.Atharv Sharma, Advocate.
For the Respondents : Mr. Ashok K. Thakur, Advocate alongwith mother of respondent No. 1.
Mr. Rohit Sharma, Dy. A.G., for respondent No. 2/State.
::: Downloaded on - 07/01/2026 20:38:10 :::CIS22026:HHC:1754 Virender Singh, Judge Petitioners have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha .
Sanhita (hereinafter referred to as 'the BNSS') seeking quashing of FIR No. 135 of 2019, dated 16.11.2019, (hereinafter referred to as 'the FIR in question'), registered under Sections 376, 354, 292, 420, 389, of 506, 498-A, 465, 468, 471, 120 of the Indian Penal Code (hereinafter referred to as 'the IPC') and Sections rt 65, 65A, 66B, 67 and 67A of the Information Technology Act (hereinafter referred to as 'the IT Act') with Police Station, Gagret, Distt. Una, H.P. The said relief has been sought on the basis of compromise, having been entered upon between petitioner No. 1 and respondent No. 1.
2. Elaborating their stand, petitioners have submitted that respondent No. 1 has filed petition for divorce under Section 13(1)(1-a), 2(II) of the Hindu Marriage Act, for dissolution of her marriage with petitioner No. 1, in October, 2021. However, later on, the said petition was converted into a petition under ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 32026:HHC:1754 Section 13B of the Hindu Marriage Act, 1955, and the marriage between petitioner No. 1 and respondent No. 1 has now been dissolved by way of decree of divorce, .
which was passed, on the basis of mutual consent of petitioner No. 1 and respondent No. 1, by the Court of learned Addl. Principal Judge-I, Family Court, Una, District Una, H.P., vide order dated 25.6.2025. The of copy of the said order has been placed on record, by way of Cr. M.P. No. 4820 of 2025, which has been rt allowed.
3 It is the further case of the petitioners that during pendency of the proceedings, arising out of FIR in question, compromise has taken place between petitioner No. 1 and respondent No. 1, on 15.10.2024, before the learned trial Court. On the basis of said compromise, it has been pleaded that continuation of the proceedings, arising out of FIR in question, would be nothing, but, abuse of process of law, as the same will not only waste the precious judicial time of the Court, but, also result into unnecessary bickering between petitioner No. 1 and respondent No. 1, as ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 42026:HHC:1754 their marriage has now been dissolved, on the basis of their mutual consent.
4. When, put to notice, Police has filed the status .
report, disclosing therein that from the Court of learned Additional Chief Judicial Magistrate, Amb, District Una, H.P., an application has been received, which was filed, under Section 156(3) of Cr. P.C., of alleging the following facts:
"That the complainant is resident of above said address rt and is having her date of birth 16.09.1998. The accused no.1 Shubam Parmar is resident of village Amboa, Distt.
Una (H.P.) whereas accused no.2 Sh. Parmodh Singh Parmar is father of the accused no.1. 2.That the complainant in the year 2018 was the student of B.Tech (Civil) second year in Hydro Engineering College Nagrota Bagwan, Distt. Kangra (H.P.). The accused no.1 and complainant met each other in a fair trade in the month of December 2018 at Daulatpur, PS Gagret. Thereafter accused no.1 Shubam Parmar started exchanging messages through social site instagram with complainant and this happened in the month of December, 2018 onwards. Thereafter both of them fell in love with each other and further met on 02.01.2019 at Bombay Picnic Spot Bharwain road situated in village Sidh Chalehar, Tehsil Amb, Distt. Una (H.P.) about 5/6 Kilometers ahead of Mubarikpur where accused Shubam Parmar offered for performing marriage with the complainant. The complainant did not agree for it by saying that as she is about 20 years of age and moreover, without the consent of her parents she cannot perform her marriage. She further ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 52026:HHC:1754 asked the accused no.1 to firstly discuss the matter with his own parents and thereafter approach the parents of the complainant then they can perform the marriage accused enticed the complainant to perform the marriage without the consent of parents and when the marriage will be .
performed then they will disclosed about it to their parents and in that situation nobody will object to the said marriage. 3. That the complainant fell into the allurement given by the accused no.1. Thereafter accused no.1 approached the complainant in the month of February 2019 and asked her that he has already made arrangement of for the performance of marriage and for that purpose they have to go to Naddi, Tehsil Dharamshala, District Kangra (H.P.) in some temple. Ultimately on 10.02.2019 the rt accused no.1 Shubam Parmar took the complainant to Naddi, Tehsil Dharamshala Distt. Kangra (H.P.) where both of them stayed in one hotel namely Naddi Hills in Distt. Kangra (H.P.). The accused no.1 Shubham Parmar told to the complainant that tomorrow they will perform the marriage in a temple where arrangement has already been made by him and they have to spend night there in the hotel. The complainant saw that the room of Hotel was decorated with Balloons and a cake was also lying there on table in that hotel room at Naddi. The complainant at that time asked the accused no.1 to book separate room for her but he insisted the complainant by saying that now they are going to perform the marriage and become husband and wife tomorrow hence they can spend night together and further assured the complainant that he will not touch the body of complainant till they become husband and wife and by believing his assurance both of them slept in one room. During night time around 12/1 midnight on that day accused no.1 started trying to perform sexual intercourse with the complainant but the complainant strongly resisted and objected to it by saying that it is not good for them to ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 62026:HHC:1754 do this act before marriage but the accused no.1 Shubam Parmar allured the complainant by saying that now there is no hitch for doing this act because tomorrow they will become husband and wife and when the complainant resisted to it the accused no.1 put the complainant under .
fear and further told that in case she did not ready for it then he will disclosed her affair with him to her parents as well as to the relatives of complainant and spread over their affair in the college also and he will also not solemnize his marriage with complainant by tomorrow even then the complainant did not agree to it then accused again of threatened the complainant and put her in fear and threatened her that in case she did not agree for doing the sexual intercourse with him then he will kill her as well as rt her parents also and opened his bag, took and showed knife to her. Thereafter the accused no.1 under the fear of death and injury committed forcible sexual intercourse with the complainant against her wishes and raped on her. It is pertinent to mention here that on 10.02.2019 and 11.02.2019 midnight during the said forcible act of sexual intercourse against the wishes of the complainant accused no.1 Shubham Parmar also prepared video (MMS) secretly as well as malafidely in accordance with his preplanned programmed. After committing an illegal act of rape by accused no-1 the started weeping and told to the accused no.1 that as to why he has committed forcibly sexual intercourse against her wishes and without her consent the accused no.1 disclosed to the complainant that he has also prepared video of committing of rape and he further persuaded to the complainant by saying that he has only prepared the video just for himself and further persuaded that there is no need to worry, because tomorrow morning both of them will perform the marriage with each other and become husband and wife. 4. That on next day morning complainant was under the impression that today both of ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 72026:HHC:1754 them are going to the temple to perform the marriage but it was strange enough that the accused no.1 Shubham Parmar put the matter on one pretext or the other and said to the complainant that he will perform the marriage later on as due to some unavoidable circumstances he cannot .
perform the marriage today and will perform the same within few days. The complainant became astonished but to save her honour and honour of her family she felt to pray of the assurance given by the accused no.1. 5. That the complainant was broken from inside, her conscious was killed by the legal act committed by the accused no.1 of she was thinking to commit suicide but she did not commit suicide with the hope that the accused no.1 may solemnize marriage with her as per his assurance, on the other hand rt reputation/honour of complainant her family was at the stack, in order to show herself normal the complainant started joining her college regularly and after some time the complainant came to know that accused no.1 Shubham Parmar uploaded some screen shots of the video (MMS) which was prepared by the accused no.1 on his mobile by preparing a forged and fake account in the name of Kashish Sharma. The complainant also came to know that he also made viral the said video by sending the same to four college students of the complainant to whom the complainant immediately approached and requested them to delete the same. Those students immediately deleted the said video in the presence of the complainant. Thereafter the complainant approached the accused no.1 and told him as to why he has done such further illegal act and further told him that she will brought the matter into the notice of her parents as well as to the police also. Then the accused no.1 told to the complainant that in case she will do so then he will again made viral the said MMS/video in the public at large on the social media everywhere and will defame her. Finding no way out under the said threat and ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 82026:HHC:1754 blackmailing the complainant by the accused no.1 there was no other option for the complainant to keep mum. Again in the month of March 2019 the accused approached the complainant and started blackmailing to her to accompany him to Nagrota City, Distt. Kangra to which the .
complainant flatly refused but the accused no.1 Shubham Parmar told to the complainant that in case she did not accompany him in that case he will made viral the said MMS of the complainant in the social media and will defame her and she will not be in a position to show her face to anybody. Under the said fear of threat she of accompanied him to Nagrota where both of them spent night in a sky blue hotel where again also under the threat of posting the said MMS on the social media and by way of rt blackmailing her accused no.1 took undue advantage of the said MMS and again committed sexual intercourse against the wishes of the complainant there. Thereafter also in the end of March 2019 the complainant was under
the disguise of said MMS took her to the same hotel at again put under the same threat by way of blackmailing her Naddi and there also under the same threat of viral of MMS committed sexual intercourse with her against her wishes, though the complainant refused so many times by saying that it is not good for him for sexually exploiting the complainant but the said request did not put any effect on the deaf ear of the accused no. 1. 6. That even after committing rape time and again under the said threat and by way of blackmailing the complainant accused no.1 did not mend his ways and the complainant flatly refuse to go anywhere in future with accused no.1 feeling annoyed by it by making cut paste the said MMS and hiding his face (though visible) from the said video MMS accused no.1 circulated and made viral the said video on the social media and tried to show from the said edited MMS the complainant as easy virtue. 7.That as edited MMS was put ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 92026:HHC:1754 on social media and circulated by the accused no.1 hence this matter became burning issue in the college of complainant as well as in the complainant as well as in the public at large. This illegal act of the accused no.1 has tarnished the image of the complainant in the public at .
large as well as put the complainant under great mental agony and pain and it was very difficult for her to go outside in the public because everybody started seeing the complainant with suspicious eyes. This mental agony cannot be explained in the words which were suffered by a lady/complainant due to the illegal act of the accused no.1.
of When the matter came into the knowledge of the parents of the complainant on asking she disclosed her tale of woe to them. The mother of the complainant and complainant rt herself contacted the accused no.1 and 2 and accused no.2 father of the accused no.1 met each other in village Deoli, at present Tehsil Ghanari, Distt. Una (H.P.) outside one temple where mother of the complainant brought whole of the incident with regard to committing of rape and preparing of MMS and other circumstances into the notice of accused no.2 but it was strange enough that instead of reprimanding the accused no.1, his father namely Parmodh Singh Parmar i.e. accused no.2 started leveling false allegations against the complainant and further used derogatory remarks against the complainant and further threatened to kill the complainant and her mother. Accused no.2 openly said that you can do whatever you like and even accused no.2 abused and misbehaved with the mother of the complainant. Accused no.2 openly threatened the complainant and her mother that in case they brought the matter into the notice of the police he will kill both of them as he is having influence over the police and high ups also. Finding no way out both of them came back. Thereafter the mother of the complainant brought the above said unlawful and illegal act of committing rape, ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 102026:HHC:1754 preparing MMS and putting the same in social media into the notice of crime branch police, Dharamshala. Distt. Kangra, The police called the accused no.1 and his father and other relatives to the crime branch police office Dharmshala where both of the accused along with others .
visited the crime branch on 11.04.2019. From the side of the and the complainant, her mother complainant party, Fufa Abhimanu also came there and in the presence of the police officials as well as respectable accused no.1 was reprimanded by all of them and he admitted his guilt with regard to committing of rape with the complainant as well of as preparing and circulating the said MMS on the social media and apologized for it. He further voluntarily admitted that he is ready to perform the marriage with the rt complainant as due to his illegal act her image and life has been tarnished and now he realized his guilt and will try to amend himself. Accused no.2 also started weeping there and said that his son i.e. accused no.1 has committed a blunder mistake and he i.e. accused no.2 will solemnize the marriage of accused no.1 with complainant as soon as possible. The complainant and her mother bonafidely believed the assurance given by both of accused and in this regard accused no.1 voluntarily executed apology letter in English as well as in Hindi, vide which he admitted his guilt and further admitted to perform marriage with the complainant. The said mafinama was duly signed by the accused no.1, accused no. 2 his father as well as also by Fufa of the complainant namely Abhimanu Sharma photo copy of the apology letters are attached herewith. 8. That in pursuance of the admission/mafinama given by the accused no.1 and further assurance given by accused no.2 the marriage of the accused no.1 and complainant was solemnized according to Hindu rites on 09.05.2019 at Mata Bagula Mukhi Mandir VPO Gagret, Tehsil Ghanari, Distt. Una (H. P.). After the solemnization of the said marriage a ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 112026:HHC:1754 marriage agreement was also prepared on the same day by both the parties appearing before the Notary Public, photo copy of the said agreement is attached herewith. Even the marriage of both the parties was further registered with the Registrar of Marriages, photo copy of the marriage .
registration certificate issued by the competent authority is also attached herewith. 9.That after the marriage both the complainant and accused no.1 started residing at the parental house of the complainant due to reason that the accused no.1 disclosed to the complainant that his father has refused to keep them in his house at Village Amboa, of Tehsil Ghanari, Distt. Una(H.P.). The relations between the parties remained cordial for only 2/3days. Thereafter the accused no.1 started giving beatings to the complainant rt and torturing her and demanding conspiracy with accused no. 2 under the said misrepresentation been in the knowledge of the complainant that accused no.1 only performed the marriage with the complainant just to wriggle out from the illegal consequences of the illegal act done by him she would not firstly perform the marriage with him and secondly she never offered herself for sexual intercourse with the accused no. 1. In this way the consent of the complainant has been obtained by the accused no.1 by misrepresentation and by playing fraud upon her and thus accused no. I committed the sexual intercourse with the complainant under wrongful misrepresentation and disguise. Hence he has committed rape with her. The complainant had also gone to Chandigarh on first July for the purpose of training and started residing in PG where also accused no.1 came on 10.07.2019 in the PG in a drunkard condition and abused the complainant and openly declared that he never treated the complainant as his wife and he has no remorse for illegal act so done by him and he never considered the complainant as his wife from his heart. There also when the complainant came ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 122026:HHC:1754 outside the PG and tried to persuade him he gave beatings to her. Thereafter the matter was brought to the notice of the respectable and parents and then again accused no.1 apologized for his act and told them that one chance be given again to him and he will mend his ways, Again on his .
assurance one chance was given to him and thereafter both of them resided in a hotel on 24-07-2019 at Mohali. There on that night also after taking drink he repeated the same story and abused the complainant and threatened her with dire consequence and openly declared that he will never treat the complainant as his wife and he will take divorce of from her and perform second marriage somewhere else. He further told to the complainant that he only performed the marriage with the complainant just to wriggle out from the rt above said illegal act of rape and circulation of MMS otherwise there was no sincere intention on his part to perform the marriage with her Thereafter again parents of the complainant tried to, reconcile the matter but the accused no.1. and his parents flatly confused to keep the complainant in their house as their daughter in law.
Thereafter in a clever manner the accused no. 1.moved false application with false allegations to the Panchayat of his own village just to create false defense malafidely and according to their pre planned programme. The Panchayat of the village of the accused no. 1. along with his parents approached the Panchayat of the village of complainant and narrated whole of the incident of them in the meeting which was attended by the parents of the complainant and complainant herself and from the other side father of the accused no. 1. His real uncle and accused no. 1 also attended the same and even in the Panchayat also the accused no. 1 started leveling false allegations against the complainant and started assassinating the character of the complainant and further accused no. 2 also threatened the complainant and her parents by saying that in case the ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 132026:HHC:1754 complainant again approached the accused no. 1 they have to face dire consequences and further threatened that there is no body to take any action against him. Finding no way out of them came back. Thereafter, the matter was also brought to the notice of the police several times but under .
the influence of the accused party no action has been taken by the police till now. 10. That in this way 'the accused no.1 by making criminal conspiracy with accused no.2 ruined the life of the complainant and further committed rape with her at Naddi also and even at the house of the complainant in village Tatehra Police Station of Gagret, Tehsil Ghanari, Distt. Una (H.P.) when both of them were residing there and further cheated the complainant and committed fraud with her by way of rt performing marriage with her, in order to save them from the clutches of law performing marriage accused no.1 was not sincere and he only performed the marriage with a view to wriggle out from the consequences of the illegal act so committed by him and further committed rape with the complainant under the fear of threat and injury. Hence accused has committed the offence punishable under Sections 376, 389. 498A. 354, 420, 292 IPC and POSCO Act and whereas his Father accused no.2 who is also conspirator for all the episode he is also one of person who had solemnized the marriage of complainant with accused no.1 in order to save him accordance to their pre-planned programme and threatened the complainant and her parents committed the offence punishable under Section 506 IPC besides that accused no.1 Shubham Parmar circulated the MMS so prepared by him on the social media by creating a false, forged and fake account and ID in the name of Kashish Sharma and put the said MMS on the social media by using electronics form and published and transmitted the same on the interest hence committed the offence punishable under Sections 65,66A, 66E, 67 and ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 142026:HHC:1754 67A of Information Technology Act 2K as well as Section 465, 468, 471 IPC read with Section 120 B IPC against the accused. 11.That as the illegal act has been committed by the accused no.1 at Naddi, Dharamshala and partly at the house of complainant at Village Tatehra, PS Gagret, .
District Una, in the same consequences and further said facts are continuing offence hence this Hon'ble Court has got the jurisdiction to entertained the present complaint.
12. That as the police has not taken any action against the accused party though they have committed cognizable, serious and heinous offence hence no other option left for of the complainant except to knock the door of this Hon'ble Court. An affidavit is attached. lt is, therefore, 156 (3) Cr.P.C. may kindly be entertained and direction be prayed rt that in the interest of justice application under Section given to the SHO PS Gagret, District Una, to register the FIR under Sections 376, 354, 292, 420, 389, 506, 498A, 465, 468, 471 IPC read with Section 120 B IPC further read with Section 65, 66A, 66E, 67 and 67A of Information Technology Act 2K and investigate the matter according to law and thereafter submit the report in this respect before the Hon'ble Court."
5. On the basis of above facts, the Police registered the FIR in question. Thereafter, respondent No. 1 was medico-legally examined on 20.11.2019.
Subsequently, she was produced before the Court of learned Judicial Magistrate First Class, Court No. 2, Amb, District Una, H.P., where her statement under Section 164 Cr. P.C. was recorded.
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6. After completion of investigation, Police filed the charge against petitioner No. 1, under Sections 376, 354, 354C, 420, 384, 506, 498A, 120B IPC and .
Sections 66 C, 67A of IT Act.
7. Respondent No. 1, through her counsel, put appearance and stated that she does not want to file reply to the petition.
of
8. As per the stand, taken by the parties, and depicted from rt the document, placed on record, marriage between petitioner No. 1 and respondent No. 1 was solemnized on 9.5.2019 and said marriage has now been dissolved, by way of decree of divorce, by the competent Court of law.
9. According to the contents of the complaint, petitioner No. 1 and respondent No. 1 had met in a trade fair. Thereafter, they remained in touch with each other through Instagram (social media app).
10. It is the further case of respondent No. 1 that she and petitioner No. 1 fell in love with each other and further met on 02.01.2019 at Bombay Picnic Spot, where petitioner No. 1 proposed her for marriage.
::: Downloaded on - 07/01/2026 20:38:10 :::CIS162026:HHC:1754 Initially, respondent No. 1, as per her version, was not interested to solemnize marriage, as she was about 20 years of age and according to her, without the consent .
of her parents, she did not want to perform marriage.
However, due to alleged allurement, given by petitioner No. 1, he took her to Naddi on 10.2.2019, where they had stayed in a hotel where petitioner No. 1 crossed of the sacred line. She has alleged that on 10.2.2019 and 11.2.2019, she was raped by petitioner No. 1 and he rt has also recorded her video, secretly.
11. It is the admitted case of respondent No. 1 that she has solemnized marriage with petitioner No. 1 on 9.5.2019. The complaint was made on 1.12.2019 and the alleged incident had taken place, on 10/11.2.2019.
Meaning thereby, after the alleged incident of rape, respondent No. 1 has solemnized marriage with petitioner No. 1, but, when it became impossible for them to live together, as husband-wife, then, she had initially filed a petition under Sections 13(1)(1-a), 2(II) of the Hindu Marriage Act, which was, later on, converted into petition, under Section 13(b) of Hindu ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 172026:HHC:1754 Marriage Act. Respondent No. 2 Shubham Parmar, in the petition under Section 13(b) of the Hindu Marriage Act, has been impleaded as petitioner No. 1 in the .
present petition and pleadings of the said petition assumes significance for the adjudication of the present case, as in para-3 of the said petition, she has categorically admitted that criminal cases were filed by of her against petitioner No. 1 on account of major differences, developed between both of them. Para-3 of rt the petition under Section 13(b) of the Hindu Marriage Act is reproduced as under:
"That after marriage they could not understand to each other and major differences developed between both of petitioners, resultantly petitioner No.1 has filed criminal cases under the provision of Indian Penal Code, Which has started between the petitioner no. 1 and 2. thereafter neither petitioner no.1 nor petitioner no.2 tried to reside with each other, despite of repeated requests and efforts made by relatives and friends of the parties, petitioner No.1 and No.2 did not agree to reside and live together as husband and wife."
12. The Hon'ble Supreme Court in a case titled as, Sonu @ Subhash Kumar versus State of Uttar Pradesh & Anr., reported in (2021) AIR (SC) 1405, has held ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 182026:HHC:1754 that the test for a false promise to marry vitiating consent is that the promise must have been false from the very beginning, given in bad faith and with no .
intention to keep it. Relevant paragraphs 9 and 10 of the judgment are reproduced as under:
"9 In Pramod Suryabhan Pawar (supra), while dealing with a similar situation, the principles of law which must govern a of situation like the present were enunciated in the following observations:
rt "Where the promise to marry is false and the intention of the maker at the time of making the promise itself was not to abide by it but to deceive the woman to convince her to engage in sexual relations, there is a "misconception of fact" that vitiates the woman's "consent". On the other hand, a breach of a promise cannot be said to be a false promise. To establish a false promise, the maker of the promise should have had no intention of upholding his word at the time of giving it..."
10 Further, the Court has observed:
"To summarise the legal position that emerges from the above cases, the "consent" of a woman with respect to Section 375 must involve an active and reasoned deliberation towards the proposed act. To establish whether the "consent" was vitiated by a "misconception of fact" arising out of a promise to marry, two propositions must be established. The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given. The false promise itself must be of immediate relevance, or bear a direct nexus to the woman's decision to engage in the sexual act."::: Downloaded on - 07/01/2026 20:38:10 :::CIS
192026:HHC:1754
13. Similar view has been taken by Hon'ble Supreme Court in Prithvirajan versus The State represented by Inspector of Police and Anr., Cr. Appeal .
arising out of SLP (Criminal) No. 12663 of 2022, wherein, it has been held that in order to constitute an offence of rape, the initial promise must be false from the very beginning with the sole intention of obtaining of consent for sexual relationships. Relevant paragraphs 6 and 7 of the judgment are reproduced as under:
rt "6. This Court has time and again reiterated that only because physical relations were established based on a promise to marry, it will not amount to rape. For the offence of rape to be attracted, the following conditions need to be satisfied: first, the accused promised to marry the prosecutrix solely to secure consent for sexual relations without having any intention of fulfilling said promise from the very beginning; second, that the prosecutrix gave her consent for sexual relations by being directly influenced by such false promise of marriage. [See: Pramod Suryabhan Pawar v. The State of Maharashtra and Ors. (2019) 9 SCC 608; Mahesh Damu Khare v. The State of Maharashtra and Ors. 2024 SCC OnLine SC 347]
7. The instant case is one of consensual relationship between the appellant and prosecutrix. Even otherwise, it does not appear from the record that the initial promise to marry allegedly made by the appellant was false to begin with. Perusal of FIR itself suggests that the alleged promise to marry could not be fulfilled by the appellant due to intervening circumstances.
Consequently, the relationship ended because of which the present FIR came to be registered. Under these circumstances, letting the appellant face trial would be nothing short of an abuse of the process of the Court. This cannot be permitted."
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14. Similar view has again been reiterated by the Hon'ble Supreme Court in Nitin B. Nikhare versus The State of Maharashtra & Anr., in Criminal Appeal, .
arising out of SLP (Crl.) No. 1889/2024. Relevant paragraph-6 of the judgment is reproduced as under:
"6. This Court in a catena of judgments has held that the mere fact that physical relations were established pursuant to a promise to marry will not amount to a rape in every case. In order for the offence of rape to be made out, two conditions need of to be satisfied i.e. that the promise of marriage was made by the accused solely with a view to obtain consent for sexual relations without having any intention of fulfilling said promise from the very beginning, and that the false promise of marriage had a direct bearing on the prosecutrix giving her consent for sexual rt relations. [See: Pramod Suryabhan Pawar v. The State of Maharashtra and Ors. (2019) 9 SCC 608; Mahesh Damu Khare v. The State of Maharashtra and Ors. 2024 SCC OnLine SC 347]"
15. Judging the facts and circumstances of the case, in the light of the decision, as well as, considering the contents of the affidavit of respondent No. 1, wherein she has mentioned the factum of compromise, then, the prayer so made by the petitioners, is liable to be accepted. Moreover, from the bare reading of the FIR, as well as, the subsequent events, about the marriage of petitioner No. 1 and respondent No. 1, dissolution of their marriage, on the basis of their mutual consent, this Court is of the view ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 212026:HHC:1754 that if the petitioners are forced to face the trial, arising out of FIR in question, the same would be nothing, but abuse of process of law.
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16. The complaint, if seen in view of subsequent developments, especially the stand taken by respondent No. 1, in the petition, under Section 13(b) of the Hindu Marriage Act, as referred to above, this of Court is of the view that the ingredients of the offences, under which, the FIR has been registered, do rt not prove, in this case.
17. When, all the inter se disputes between petitioner No.1 and respondent No. 1 have now been settled, by way of decree of divorce, which has been granted to them by competent Court of law, on the basis of mutual consent, this Court is of the view that the petitioners are entitled for the relief, as claimed in the petition.
18. If the facts and circumstances of the present case are seen in the light of the decision of Hon'ble Supreme Court in Madhukar & ors. vs. State of Maharashtra & anr., reported in 2025 INSC 819, then, ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 222026:HHC:1754 on the basis of admitted factual position, as involved in the present case, the present petition deserves to be allowed. Relevant paragraphs 5, 6 and 7 of the .
judgment, are reproduced as under:
"5. It is brought to our attention that both parties have categorically taken the stand before this Court that they have resolved their disputes amicably and are desirous of moving on with their lives. The complainant in the 2nd of FIR, now married and residing with her husband, has expressed that continuation of the prosecution would cause further disruption in her personal life and that she has no wish to support the charges or pursue the matter rt any further.
6. At the outset, we recognize that the offence under Section 376 IPC is undoubtedly of a grave and heinous nature. Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly. However, the power of the Court under Section 482 CrPC to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case.
7. In the present matter, we are confronted with an unusual situation where the FIR invoking serious charges, including Section 376 IPC, was filed immediately following an earlier FIR lodged by the opposing side. This sequence of events lends a certain context to the allegations and suggests that the second FIR may have been a reactionary step. More importantly, the complainant in the second FIR has unequivocally expressed her desire not to pursue the case. She has submitted that she is now married, settled in her personal life, and continuing with the criminal ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 232026:HHC:1754 proceedings would only disturb her peace and stability. Her stand is neither tentative nor ambiguous, she has consistently maintained, including through an affidavit on record, that she does not support the prosecution and wants the matter to end. The parties have also amicably .
resolved their differences and arrived at a mutual understanding. In these circumstances, the continuation of the trial would not serve any meaningful purpose. It would only prolong distress for all concerned, especially the complainant, and burden the Courts without the likelihood of a productive outcome."
of (self emphasis supplied)
19. In this case, number of opportunities were rt given to respondent No. 1 to put appearance, as the matter was listed on 27.10.2025, 10.11.2025 and 1.12.2025, but, she has not put appearance. As such, the petition is being decided, on the basis of admitted documents, available on the file.
20. In the similar situation, this Court, in a case titled as, "Mahavir & others versus State of H.P. & anr.", Cr. MMO No. 466 of 2024, has decided the petition, where the complainant has not put appearance. Relevant paragraph-6 of the judgment is reproduced as under:
"6. Though in normal circumstances, Court without recording the statement of complainant, ought not have ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 242026:HHC:1754 proceeded to consider the prayer made on behalf of the petitioner for quashing of FIR, while exercising power under Section 482 Cr.P.C., but since respondent No.2, despite service, has failed to come present, this Court has no option but to decide the petition at hand, on the basis of .
material already available on record. Material available on record clearly reveals that petitioner No.1 and respondent No.2 have been already granted decree of divorce by way of mutual consent by the competent Court of law, while exercising power under Section 13-B of the Hindu Marriage Act. As per compromise, sum of Rs.7,00,000/- has been of already paid by petitioner No.1 herein to the respondent No.2 as permanent alimony, who during proceeding pending before the learned Family Court, arrived at a of rt compromise, specifically agreeing therein that in the event receipt of permanent alimony to the tune of Rs.7,00,000/-, she shall not prosecute the FIR, lodged at her behest. In the affidavit, duly attested by Notary, respondent No.2 categorically deposed that she shall have no objection objection in case FIR, instituted at her behest, is quashed and the accused, named in the FIR, are acquitted of the charges framed against them. In view of aforesaid statement and the compromise, as taken note hereinabove, there appears to be no justification to reject the prayer made 1, arrived at a compromise, on behalf of the petitioners for quashing of FIR."
(self emphasis supplied)
21. The Hon'ble Supreme Court in a case titled as "Jasveer Singh Sodhi & ors. Vs. State of Himachal Pradesh & Anr .", Cr. Appeal arising out of ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 252026:HHC:1754 SLP (Crl.) D No.58295 of 2024 has held in paragraphs 8 to 14 as under:
"8. In terms of the compromise executed between the parties, Respondent No.2 has categorically stated that she .
has no objection to the quashing of FIR No. 9/2023 dated 19.02.2023. She has further clarified that the said FIR does not emanate from the true and correct facts and circumstances of the case and that the Appellants are, in fact, not involved in the commission of any of the offences alleged therein.
of
9. The Respondent No.2 has acknowledged that the registration of the FIR was a consequence of an emotional outburst on her part, occasioned by the pendency of civil rt litigation between the parties, rather than any actual criminal conduct of the Appellants. The compromise further records that Respondent No.2 has no objection to the quashing and setting aside of the final report as well as the order of cognizance passed by the Judicial Magistrate.
10. Respondent No.2 has expressed her desire to maintain a cordial and harmonious relationship with the Appellants and has entered into the present compromise after due deliberation and consultation with her daughter. She has further undertaken that neither she, nor her legal heirs or attorneys, shall raise or pursue any claim in respect of the present dispute at any time in the future.
11. It is further affirmed that the compromise has been executed voluntarily, without any coercion, undue influence, pressure, or threat of any nature upon either party. The decree has been entered into with the free will and mutual consent of the parties and shall remain binding on both of them.
12. We have heard learned counsel for the parties.
13. The quashing of the FIR No. 9/2023 is hereby allowed on the basis of the compromise dated 20.09.2024. Though ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 262026:HHC:1754 the allegations in the FIR are grave in nature, but looking at the compromise, it becomes clear that the FIR was filed as an emotional outburst due to the pending civil litigation between the parties and does not arise from true facts and circumstances. Respondent No.2 has clearly expressed .
that she does not wish to pursue the FIR and continue with the prosecution of the Appellants. Therefore, in the interest of justice and to put an end to prolonged litigation, the FIR No. 9/2023 is liable to be quashed.
14. In view of the above no fruitful purpose would be served in allowing the impugned proceedings to continue.
of It would be an exercise in futility and would only result in wastage of valuable time of the Court which are otherwise overburdened with huge workload. Accordingly, the appeal rt is allowed. The impugned order is set aside and the entire proceedings arising out of the impugned FIR are quashed."
(self emphasis supplied)
22. In this case, the learned Senior Counsel, appearing for the petitioners has rightly argued that from the stand, as taken by respondent No. 1 in her complaint to the Court, upon which, directions under Section 156 (3) Cr. P.C. were issued to register the FIR, it seems that the same is emotional outburst of respondent No. 1 on account of differences, which had arisen between petitioner No. 1 and respondent No. 1, after their marriage.
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23. Even if the said stand is taken as it is, then also the possibility of consensual relation between petitioner No. 1 and respondent No. 1, cannot be ruled .
out, as it has not been alleged by respondent No. 1 that petitioner No. 1 had crossed the sacred line by putting her under fear of physical assault. The alleged relationship was on the pretext of marriage and from of the factum of marriage, between petitioner No. 1 and respondent No. 1, intention of petitioner No. 1 cannot rt be doubted and it cannot be said that petitioner No. 1 was not having intention to solemnize marriage.
When, the allegations of fear are not there, then, the said relationship falls within the definition of 'consensual relationship', as it is not the case of respondent No. 1 that at the relevant time, she was minor.
24. Considering all these facts, the present petition is allowed and FIR No. 135 of 2019, dated 16.11.2019, registered under Sections 376, 354, 2902, 420, 389, 506, 498-A, 465, 468, 471, 120 of the IPC and Sections 65, 65A, 66B, 67 and 67A of the IT Act ::: Downloaded on - 07/01/2026 20:38:10 :::CIS 282026:HHC:1754 with Police Station, Gagret, Distt. Una, H.P., as well as, resultant proceedings thereto, pending before the learned trial Court, are quashed.
.
25. The Pending miscellaneous application(s), if any, also stands disposed of.
(Virender Singh) of Judge January 6, 2026 Kalpana rt ::: Downloaded on - 07/01/2026 20:38:10 :::CIS