Case Note & Summary
The Supreme Court allowed the appeal filed by Lalu Yadav against the order of the Allahabad High Court dismissing his writ petition seeking quashing of FIR No. 28/2018 registered under Sections 376 and 313 IPC. The FIR was lodged on 21.02.2018 by the complainant alleging that the appellant had established physical relationship with her on the false promise of marriage since 2013, resulting in two pregnancies and abortions. The appellant contended that the relationship was consensual and that the complainant had lived with him as his wife. The High Court had refused to quash the FIR relying on its Full Bench decisions and the principles in Bhajan Lal's case. However, the Supreme Court noted that the FIR itself revealed that the parties had lived as husband and wife for about five years, and the allegation of rape based on a broken promise to marry did not prima facie constitute an offence under Section 376 IPC. The Court also observed that the investigating agency had itself omitted the offence under Section 313 IPC after finding no evidence of abortion. Applying the categories in Bhajan Lal's case, particularly categories (1) and (5), the Court held that the allegations were inherently improbable and did not disclose a cognizable offence. Consequently, the Supreme Court set aside the impugned order and quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Law - Rape - Promise to Marry - Section 376 Indian Penal Code, 1860 - Consent - Where the complainant and accused lived as husband and wife for a long period, the allegation that consent was obtained on a false promise to marry does not prima facie constitute rape; the court may quash the FIR under Section 482 CrPC to prevent abuse of process (Paras 8-14). B) Criminal Procedure - Quashing of FIR - Inherent Powers - Section 482 Code of Criminal Procedure, 1973 - Delay and Consensual Relationship - The High Court's refusal to quash FIR was set aside as the allegations, even if taken at face value, did not disclose a cognizable offence; the relationship was consensual and the delay in filing FIR was unexplained (Paras 10-14). C) Criminal Law - Abortion - Section 313 Indian Penal Code, 1860 - Investigation - The investigating agency itself omitted the offence under Section 313 IPC after finding no evidence of abortion; hence, no case under that section survives (Paras 6-7).
Issue of Consideration
Whether the FIR alleging rape under Section 376 IPC based on a promise to marry should be quashed when the relationship was consensual and long-standing, and the complainant lived with the accused as husband and wife.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order of the High Court, and quashed the FIR No. 28/2018 and all proceedings arising therefrom.
Law Points
- Consent obtained on false promise to marry may not vitiate consent if relationship was long and continuous
- FIR quashed under Section 482 CrPC if allegations do not prima facie constitute offence
- Delay in lodging FIR unexplained may indicate false implication
