Criminal complaint filed under a confused state of mind can be quashed

Bombay High Court: Considering the reply filed by the second respondent in the present case, the Division Bench comprising of V. M Kanade and Nutan Sardessai, JJ., ordered the  quashment of  the criminal complaint filed against the applicant under Sections 376, 323, 504 and 506 of the IPC. In the present case, the second respondent alleged that the applicant had physical relations with her by obtaining her consent on a false promise; however later on, the second respondent filed an affidavit mentioning her condition of depression stating that in consequence of the insecurity she felt, she filed a complaint against the applicant.

The Court relying on the ratio laid down in Narinder Singh v. State of Punjab, (2014) 6 SCC 466, held that, though the complaint filed under Section 376 of the IPC is a punishable offence, but in view of the reply filed by the second respondent, it would not constitute an offence, thereby quashing the criminal complaint. [Manteshwar Hanumantrao Kattimani v. State of Maharashtra, 2016 SCC OnLine Bom 10581 , decided on 2-12-2016 ]

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