Case Note & Summary
The petitioner, a 58-year-old US citizen, challenged the FIR and charge sheet alleging rape under Section 376 IPC based on a promise of marriage. The complainant, a 44-year-old Canadian resident, was married at the time of the alleged incident (24 November 2022) and obtained a divorce only on 11 January 2024. The parties met on a dating app and had consensual sexual relations over several months in India, Canada, and the USA. The complainant first complained to the Jersey City Police in February 2024, which was closed, and then filed an online complaint in June 2024 that did not mention forcible sex or promise of marriage. The FIR was registered in August 2024, and a Look Out Circular was issued in October 2024. The court found that the allegations did not prima facie constitute an offence under Section 376 IPC, as the complainant was a married adult, the relationship was consensual, and there was no evidence of a false promise of marriage. The court quashed the FIR and charge sheet, holding that continuing the proceedings would be an abuse of process.
Headnote
A) Criminal Law - Quashing of FIR - Section 482 CrPC - Promise of Marriage - Consent - The court examined whether a consensual sexual relationship between two adults, where the complainant was married at the time, could constitute rape under Section 376 IPC on the ground of a false promise of marriage. Held that the allegations did not prima facie establish the offence, and the FIR was quashed to prevent abuse of process (Paras 1-35).
B) Criminal Law - Delay in Lodging FIR - Prior Complaint to Foreign Police - The complainant first complained to the Jersey City Police Department (USA) in February 2024, which was closed, and then filed an online complaint in India in June 2024, leading to the FIR in August 2024. The court noted the belated filing and the absence of specific allegations in the initial complaint (Paras 8-11).
C) Evidence - Online Complaint Inconsistency - The online complaint dated 25 June 2024 did not mention forcible sex or promise of marriage, contradicting the later FIR. The court held that the first complaint is significant and subsequent improvements are suspect (Para 11).
Issue of Consideration
Whether the FIR and charge sheet alleging rape under Section 376 IPC on the basis of a promise of marriage should be quashed when the parties were adults, the complainant was married at the time of the alleged incident, and the relationship was consensual over a period of time.
Final Decision
The court quashed the impugned FIR No. 709/2024 and the charge sheet dated 14 October 2024. The rule is made absolute. The court also directed the Registry to redact the names of the petitioner and the third respondent from the court's records.
Law Points
- Consent based on promise of marriage
- Quashing of FIR
- Section 376 IPC
- Abuse of process of law
- Delay in lodging FIR
- Prior complaint to foreign police
- Online complaint inconsistency
Case Details
2025 LawText (BOM) (2) 280
Writ Petition (ST) No. 21496 of 2024
M.S. Sonak, Jitendra Jain
Manoj Mohite, Ayush Pasbola, Sakshi Agarwal, Mrunal Bhide, Bipin J. Joshi, Mankunwar M. Deshmukh, Aadesh V. Konde Deshmukh, Hrishikesh Avhad, Nagesh Khedkar, Yogesh Sukale
State of Maharashtra, Sr Inspector of Police, Kapurbawadi Police Station, Thane, Miss. X.Y.Z.
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Nature of Litigation
Criminal writ petition under Article 226 of the Constitution read with Section 482 CrPC seeking quashing of FIR and charge sheet for alleged rape under Section 376 IPC.
Remedy Sought
Petitioner sought quashing of FIR No. 709/2024 and the consequent charge sheet dated 14 October 2024.
Filing Reason
Petitioner challenged the FIR and charge sheet alleging rape on the basis of a false promise of marriage, arguing that the relationship was consensual and the complainant was married at the time.
Previous Decisions
The matter was allotted to this Bench by the Hon'ble the Chief Justice vide order dated 12 February 2025. Arguments were heard on 24 and 25 February 2025, and the matter was reserved for judgment.
Issues
Whether the FIR and charge sheet under Section 376 IPC should be quashed when the complainant was married at the time of the alleged incident and the relationship was consensual over a period of time.
Whether the delay in lodging the FIR and the inconsistency with the initial online complaint justify quashing.
Submissions/Arguments
Petitioner argued that the allegations did not prima facie constitute an offence, the complainant was married, the relationship was consensual, and the FIR was filed belatedly with ulterior motive.
Respondent argued that the complainant was seeking marriage and the petitioner made a false promise, and the incident of 25 November 2022 involved forcible sex.
Ratio Decidendi
The court held that for an offence under Section 376 IPC based on a false promise of marriage, the promise must be false from the inception and the complainant must have acted on it. Here, the complainant was married, the relationship was consensual over several months, and the initial complaint did not allege forcible sex or promise of marriage. Therefore, the FIR and charge sheet were quashed as an abuse of process.
Judgment Excerpts
The impugned FIR alleges that on 24 November 2022, the Petitioner had forcible sex with the Complainant in the latter’s flat at Thane on the promise of eventual marriage.
The Online complaint dated 25 June 2024 ... there was no specific reference to the incident of 24 November 2022 therein, and the date and time of the incident were vaguely referred to 'as between 20.12.2022 to 21.02.2024'.
The Complainant was married to her previous husband on the date of the alleged incident and throughout the period during which the parties met and had sexual encounters.
Procedural History
The FIR was registered on 16 August 2024. A Look Out Circular was issued on 9 October 2024. The charge sheet was filed on 14 October 2024. The petition was instituted on 19 October 2024 and amended to challenge the charge sheet. The matter was allotted to this Bench on 12 February 2025, heard on 24 and 25 February 2025, and reserved for judgment.
Acts & Sections
- Indian Penal Code, 1860: 376
- Code of Criminal Procedure, 1973: 482
- Constitution of India: 226
