Case Note & Summary
The Supreme Court quashed criminal proceedings against the appellant-advocate accused of rape under Section 376(2)(n) IPC by a married woman complainant-advocate -- The complainant had alleged that the appellant raped her on false promise of marriage during their relationship from September 2022 to January 2025 -- The Court found that the complainant was married with a son and divorce proceedings with her husband were pending -- The relationship was consensual and the allegations of false promise of marriage emerged only when the relationship soured -- The High Court had dismissed the writ petition seeking quashing of FIR while granting anticipatory bail to the appellant -- The Supreme Court held that no prima facie offence was made out as the relationship was consensual between adults and the complainant's married status was relevant -- The Court quashed the FIR and all consequential proceedings as continuing them would be abuse of process of law
Headnote
The Supreme Court allowed the appeal and quashed the FIR No.213/2025 dated 06.02.2025 registered at Sarkanda Police Station, District Bilaspur under Section 376(2)(n) of Indian Penal Code, 1860 (IPC) and all consequential proceedings including Sessions Case No.89/2025 -- The Court held that the complainant-respondent No.3 was married with a son and had engaged in a consensual relationship with the accused-appellant -- The allegations of rape on false promise of marriage were found to be an afterthought when the relationship soured -- The Court emphasized that consensual sexual relationship between adults does not constitute rape under Section 375 IPC -- The false promise of marriage must be established with evidence showing immediate false intention at the inception of the relationship -- The consent obtained by misconception of fact requires proof of deception regarding identity or nature of the act -- The Court found that continuing the proceedings would be an abuse of process of law -- The appeal was allowed and the impugned order of the High Court was set aside
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Issue of Consideration: Whether the FIR registered under Section 376(2)(n) of Indian Penal Code, 1860 and consequent proceedings should be quashed when the complainant was married and had engaged in a consensual relationship with the accused
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Final Decision
The Supreme Court allowed the appeal, set aside the impugned order of the High Court, and quashed FIR No.213/2025 dated 06.02.2025 and all consequential proceedings including Sessions Case No.89/2025
