Case Note & Summary
The Supreme Court dismissed an appeal against the High Court's refusal to quash criminal proceedings for rape and other offences. The appellant was accused of repeatedly sexually assaulting the complainant over 15 years under a false promise of marriage, blackmailing her with intimate videos, and extorting money. The complainant alleged that the appellant forced her into sexual intercourse, caused her miscarriage, and later married another woman. The appellant argued that the relationship was consensual and that the complainant had referred to herself as his wife in a prior complaint. The Court held that the allegations prima facie disclosed an offence, and the question of whether consent was vitiated by a false promise of marriage was a matter for trial. The appeal was dismissed, and the trial was directed to proceed expeditiously.
Headnote
A) Criminal Law - Rape - False Promise of Marriage - Consent - Section 375, 376 Indian Penal Code, 1860 - The court considered whether a prolonged consensual relationship based on a promise of marriage, later broken, constitutes rape. Held that if the promise was false from inception and the consent was based on misconception of fact, it may amount to rape. However, at the quashing stage, the court cannot weigh evidence; the trial must proceed to determine the nature of consent. (Paras 20-25) B) Criminal Procedure - Quashing of FIR - Inherent Powers - Section 482 Code of Criminal Procedure, 1973 - The court reiterated that the power to quash criminal proceedings should be exercised sparingly and only to prevent abuse of process. Where the allegations prima facie disclose an offence, the High Court should not interfere. (Paras 22-24) C) Evidence - Prima Facie Case - Test for Quashing - The court held that at the stage of quashing, the court must proceed on the basis of the allegations in the FIR and the charge-sheet. If the allegations, taken at face value, constitute an offence, the proceedings cannot be quashed. (Paras 22-24)
Issue of Consideration
Whether the criminal proceedings against the appellant for offences including rape under Section 376 IPC based on allegations of false promise of marriage and sexual exploitation over 15 years should be quashed under Section 482 CrPC.
Final Decision
The Supreme Court dismissed the appeal, upholding the High Court's order refusing to quash the criminal proceedings. The trial court was directed to proceed with the case expeditiously.
Law Points
- False promise of marriage
- consent vitiated by misconception of fact
- quashing of criminal proceedings
- inherent powers under Section 482 CrPC
- prima facie case
- test for quashing FIR
