Case Note & Summary
The Supreme Court allowed the appeal filed by Mahesh Damu Khare against the order of the Bombay High Court which had dismissed his petition under Section 482 CrPC seeking quashing of FIR No. 302 of 2017 registered under Sections 376, 420, 504, and 506 IPC. The appellant, a social worker, had been in a relationship with the complainant (Respondent No. 2) from 2008 to 2017. The complainant alleged that the appellant had forcible sexual intercourse with her on the false promise of marriage. However, the appellant contended that the relationship was consensual and that the complainant filed the FIR as a counterblast after he refused to continue financial assistance and marriage. The appellant had been granted anticipatory bail by the Sessions Court, which observed that the long duration of the relationship indicated consent. The High Court refused to quash the FIR, stating that the offence under Section 376 IPC is against society and requires investigation. The Supreme Court examined the scope of Section 482 CrPC and the law on quashing of FIRs as laid down in State of Haryana v. Bhajan Lal. The Court noted that the allegations in the FIR, even if accepted in their entirety, did not disclose the essential ingredients of rape. The complainant admitted to a decade-long relationship, during which she never complained of force. The Court held that the relationship was clearly consensual, and the FIR was an abuse of process. The Court quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Law - Quashing of FIR - Section 482 CrPC - Inherent Powers - The High Court's inherent power under Section 482 CrPC can be exercised to quash an FIR if the allegations do not disclose a cognizable offence or if continuing the proceedings would be an abuse of process. The court must consider the totality of facts and circumstances, including the conduct of the parties and the nature of the allegations. (Paras 13-15) B) Criminal Law - Rape - Consent - Section 375, 376 IPC - Consensual Relationship - A long-standing sexual relationship spanning over 10 years, without any contemporaneous complaint, raises a strong presumption of consent. Where the complainant voluntarily participated in the relationship and only lodged an FIR after the accused refused to marry or provide financial support, the essential ingredient of 'lack of consent' for rape is absent. (Paras 16-20) C) Criminal Law - Quashing of FIR - Delay in Complaint - Section 482 CrPC - Delay in lodging an FIR, especially in cases of alleged rape, can be a relevant factor in determining the veracity of the allegations. An unexplained delay of several years, coupled with the complainant's continued association with the accused, indicates that the complaint is an afterthought and the FIR is liable to be quashed. (Paras 18-20)
Issue of Consideration
Whether the High Court was justified in refusing to quash the FIR under Section 482 CrPC when the allegations in the FIR, even if taken at face value, do not constitute the offence of rape under Section 376 IPC due to the consensual nature of the relationship.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court order, and quashed FIR No. 302 of 2017 and all proceedings arising therefrom.
Law Points
- Consent
- Quashing of FIR
- Section 482 CrPC
- Section 376 IPC
- Inherent powers
- Abuse of process
