AI Structured Summary
Not yet generated for this judgment
Judgment
This petition has been preferred against order rejecting prayer for quashing criminal proceedings against the petitioner.
The criminal case registered by respondent No.2 is to the effect that the petitioner and daughter of respondent No.2 lived together for six years.
The petitioner had promised to marry her but backed down. Thus, she was induced for the intercourse during the cohabitation on that consideration
and not by free consent. The petitioner committed offence under Section 376 of Indian Penal Code, 1860. The trial Court having taken cognizance, the
petitioner approached the High Court for quashing. The High Court rejected the prayer for quashing.
In connected matter, SLP(c) No.3348/2018, notice has been issued and stay granted. Accordingly, let this petition be heard along with the said
matter. We also grant interim orders in same terms.
During the course of hearing, one of the question which has been taken up for consideration whether, on account of long cohabitation, even if the
relationship is held to be consensual and the petitioner is not held liable for the offence alleged, the petitioner can be fastened the civil liability treating
the relationship to be de facto marriage in view of long cohabitation. This interpretation may have to be considered so that a girl is not subjected to any
exploitation and is not rendered remediless even if a criminal offence is not made out. Somewhat identical issue has been subject matter of
consideration in several decisions, including Vidhyadhari versus Sukhrana Bai (2008) 2 SCC 238 ; Pyla Mutyalamma Alias Satyavathi versus Pyla Suri
Demudu (2011) 12 SCC 189 ;Chanmuniya versus Virendra Kumar Singh Kushwaha (2011) 1 SCC 141 and Badshah versus Urmila Badshah Godse
(2014) 1 SCC 188 . The issue is also discussed in an Article published in (2012) 4 SCC J-19.
To consider the above issue, we have requested Dr. Abhishek Manu Singhvi, learned senior counsel, present in Court, to assist the Court as amicus.
Having regard to the nature of issue involved, we also issue notice to Attorney General of India and request the learned Attorney General to depute
an Additional Solicitor General to assist the Court.
List the matter for further consideration on 12th September, 2018.