Penal Code, 1860–Secs. 376-D, 418 & 506–FIR for the offence–Sustainability–No evidence to show that right from the inception, the intent of accused-petitioner was to deceive the woman to convince her to engage in a sexual relationship–No allegation in FIR that at what point of time, he made a false promise to marry the complainant or whether it was to deceive the woman to convince her to engage in a sexual relationship–No allegation in FIR that at what point of time, he made false promise to marry the complainant or whether it was done in bad faith or only with an intention to deceive her–
Failure by him in the year 2020 to fulfill his promise made by him to prosecutrix in the year 2018 cannot be construed to mean that the promise itself was false–Major discrepancy and conflict between the report submitted to the Women Commission and FIR–Exchange of Whatsapp message between the parties completely negate the story set out in FIR–It would be appropriate to quash the FIR.
