Case Note & Summary
The appeal arose from a judgment of the High Court of Judicature at Allahabad dated 26 September 2019, which dismissed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of a charge sheet in a case under Section 376 of the Indian Penal Code, 1860. The appellant, accused of rape, contended that the relationship with the second respondent was consensual and based on a promise to marry, which was not false at inception. The second respondent had lodged an FIR alleging that the appellant assured marriage, leading to a physical relationship over one and a half years, but later refused to marry her. Her statement under Section 164 CrPC confirmed the consensual nature and stated her sole grievance was the refusal to marry. The appellant argued that no offence under Section 376 IPC was made out, relying on the precedent in Pramod Suryabhan Pawar v State of Maharashtra. The second respondent and the State supported the High Court's decision, citing observations from the same precedent. The Supreme Court analyzed the FIR and statement under Section 164 CrPC, noting three key features: the relationship was consensual, lasted about one and a half years, and the refusal to marry was subsequent. Applying the legal principles from Pramod Suryabhan Pawar, the Court held that for consent to be vitiated by a misconception of fact, the promise to marry must be false at the time it was given, made in bad faith with no intention to adhere. A breach of promise alone does not constitute rape. The Court found no allegation that the promise was false at inception; instead, the refusal was subsequent. Therefore, even assuming the allegations as correct for quashing purposes, no offence was established. The Court held that the High Court erred in declining to entertain the petition under Section 482 CrPC, as the matter could be decided based on the FIR and statement without needing trial evidence. Accordingly, the Supreme Court allowed the appeal, set aside the High Court's judgment, and quashed the charge sheet dated 25 April 2018 and the cognizance order dated 3 October 2018. The appellant also stated that no further steps would be taken regarding a cross-FIR against the second respondent.
Headnote
A) Criminal Law - Rape - Consent Vitiated by Misconception of Fact - Indian Penal Code, 1860, Section 375 - The Supreme Court examined whether a consensual sexual relationship based on a promise to marry constitutes rape under Section 376 IPC if the promise is later breached. The Court held that for consent to be vitiated by a misconception of fact under Section 375, the promise must be false at the time it was given, made in bad faith with no intention to adhere. A mere subsequent refusal to marry does not establish rape. The Court quashed the charge sheet as the FIR and statement under Section 164 CrPC indicated a consensual relationship without allegation of false promise at inception. (Paras 8-11) B) Criminal Procedure - Quashing of Proceedings - Exercise of Inherent Powers - Code of Criminal Procedure, 1973, Section 482 - The Supreme Court considered the application under Section 482 CrPC for quashing the charge sheet in a rape case. The Court held that where the FIR and statement under Section 164 CrPC, even assuming allegations as correct, do not disclose an offence, quashing is warranted. The High Court erred in declining to entertain the petition on the ground that evidence at trial was needed. The Supreme Court allowed the appeal and quashed the charge sheet and cognizance order. (Paras 11-12)
Issue of Consideration
Whether the FIR and statement under Section 164 CrPC disclose an offence under Section 376 IPC based on a false promise to marry, warranting quashing under Section 482 CrPC
Final Decision
Appeal allowed, impugned judgment of High Court set aside, charge sheet dated 25 April 2018 and cognizance order dated 3 October 2018 quashed
Law Points
- Consent vitiated by misconception of fact requires false promise given in bad faith at inception
- Breach of promise alone does not constitute rape under Section 376 IPC
- Quashing under Section 482 CrPC permissible when no offence made out from FIR and statement under Section 164 CrPC
