False 69 BNS Case Against IPL Cricketer Shivalik Sharma | Case Filed To End Career? Rajasthan HC Quashes FIR
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Editorial DeskRAJASTHAN: The Rajasthan High Court has quashed the rape FIR against cricketer Shivalik Sharma, who had been accused by his former fiancée of establishing physical relations with her on an alleged false promise of marriage.
The dispute arose from a relationship that began in 2023. Sharma and the woman met when she visited Vadodara. Their friendship later developed into a relationship and both families became involved.
In August 2023, the couple formally got engaged with their families' consent. According to the material reported in the case, they had physical relations after the engagement.
Read Also:- Section 69 BNS: Legal Protection or Weapon Against Men?
Their relationship subsequently deteriorated and the proposed marriage did not take place. The woman thereafter lodged a criminal case at Kudi Bhagtasni Police Station, Jodhpur, alleging that Sharma had established physical relations with her on a false promise of marriage.
The allegation had serious consequences for Sharma. Rajasthan Police subsequently arrested him and sent him to judicial custody.
Sharma approached the Rajasthan High Court seeking quashing of the FIR and criminal proceedings.
The Court examined the background of the relationship, including the fact that the parties were adults, their relationship was known to their families and a formal engagement had taken place.
The material before the Court also indicated that the parties continued to communicate through WhatsApp even after problems arose in their relationship. The proceedings also relied on financial transactions between them.
The defence argued that these circumstances were inconsistent with the allegation that the relationship had been established from the beginning merely through a false promise of marriage.
The High Court found substance in the challenge and distinguished between a relationship that subsequently fails and a case where consent was obtained from the beginning through deception.
The Court considered that where two educated adults enter a relationship, their families approve the marriage, they formally become engaged and physical relations thereafter take place voluntarily, the subsequent breakdown of the engagement cannot by itself convert the earlier relationship into the offence of rape.
EXPLANATORY TABLE OF LAWS AND SECTIONS
| Law / Section | What It Means | Relevance In This Case |
|---|---|---|
| Section 69, Bharatiya Nyaya Sanhita, 2023 | Punishes sexual intercourse, not amounting to rape, obtained through deceitful means or a promise to marry made without intention of fulfilling it. | Relevant to allegations involving physical relations allegedly obtained through a false promise of marriage. Exact applicability must be confirmed from the judgment PDF. |
| Section 63, Bharatiya Nyaya Sanhita, 2023 | Defines the offence of rape and specifies circumstances in which sexual acts amount to rape. | Relevant to determining whether the alleged physical relationship satisfied the legal ingredients of rape. Exact charging provision requires confirmation from the judgment. |
| Section 64, Bharatiya Nyaya Sanhita, 2023 | Provides punishment for rape. | Potentially relevant to the rape allegation. Exact FIR provision requires confirmation from the judgment. |
| Section 528, BNSS, 2023 | Preserves the inherent powers of the High Court to prevent abuse of court process and secure the ends of justice. | Potential source of the High Court's power to quash criminal proceedings. The precise provision invoked must be verified from the order. |
CASE DETAILS
| Particulars | Details |
|---|---|
| Case Title | IPL Cricketer Shivalik Sharma Rape Cas |
| Petitioner | Shivalik Sharma |
| Court | Rajasthan High Court |
| Police Station | Kudi Bhagtasni, Jodhpur |
| Decision | FIR and connected criminal proceedings against Shivalik Sharma quashed |
KEY TAKEAWAYS
- A broken engagement does not automatically make a consensual relationship rape.
- The Rajasthan High Court quashed the rape case against cricketer Shivalik Sharma after examining the relationship and surrounding circumstances.
- The relationship was not secret. The couple had formally got engaged with their families' involvement.
- Sharma still had to face a rape case, arrest and judicial custody before getting relief from the High Court.
- A failed relationship cannot become a shortcut to criminal prosecution. When a man's liberty is at stake, allegations must satisfy the ingredients of the offence.
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