CODE OF CRIMINAL PROCEDURE, 1973: s. 482 read with s.401 - Quashing of criminal proceedings - Allegations levelled by prosecutrix against accused for commission offences punishable u/ss 328, 354 and 376 on false promise of marriage - Charge-sheet filed - Charges framed - Held: In the charge sheet, Investigating Officer acknowledged that he could not find any proof to substantiate the charges - Charge-sheet was filed only on the basis of statement of prosecutrix u/s 164 - Further, in view of scientific investigation as revealed by mobile phones of prosecutrix and accused, commission of offence as alleged by prosecutrix cannot be established in trial - Therefore, judicial conscience of High Court ought to have persuaded it, on the basis of the material available before if to quash criminal proceedings initiated against appellant, in exercise of inherent powers vested with it u/s 482 - Accordingly, FIR, consequential charge-sheet as also charges framed by trial court are quashed - Penal Code, 1860 - ss.328, 354 and 376.

On the basis of the statement of the complainant/ prosecutrix, an FIR was registered against the appellant for offences punishable u/ss 328 and 354 IPC. The appellant-accused was arrested on the same day. Five days thereafter the prosecutrix made a supplementary statement alleging that the accused, on the assurance of getting her married, had physical relations with her several times, the latest being one and half months prior to the date of the FIR. Accordingly, the offence punishable u/s 376 IPC was added to the case. Subsequently, statement of complainant/prosecutrix was recorded u/s 164 CrPC by the Metropolitan Magistrate. The police filed charge-sheet for offences punishable u/ss 328, 354 and B 376 IPC. The writ petition filed by the petitioner alleging false implication and seeking to quash the FIR was dismissed by the High Court. Even the writ petition filed by the prosecutrix seeking to quash the FIR filed by her was also dismissed. The order framing the charges having been unsuccessfully challenged by the accused, in revision before the High Court, he filed the instant appeal.