No Allegation That Promise To Marry Was False At The Inception: Supreme Court Quashes Rape Case
Case: Sonu @ Subhash Kumar vs. State of Uttar Pradesh
Coram: Justices DY Chandrachud and MR Shah
Case No: [Criminal Appeal No 233 of 2021]
Court Observation: “To summarise the legal position that emerges from the above cases, the “consent” of a woman with respect to Section 375 must involve an active and reasoned deliberation towards the proposed act.
To establish whether the “consent” was vitiated by a “misconception of fact” arising out of a promise to marry, two propositions must be established. The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time, it was given.
The false promise itself must be of immediate relevance, or bear a direct nexus to the woman’s decision to engage in the sexual act”
“Bearing in mind the tests which have been enunciated in the above decision, we are of the view that even assuming that all the allegations in the FIR are correct for the purposes of considering the application for quashing under Section 482 of CrPC, no offense has been established.
There is no allegation to the effect that the promise to marry given to the second respondent was false at the inception. On the contrary, it would appear from the contents of the FIR that there was a subsequent refusal on the part of the appellant to marry the second respondent which gave rise to the registration of the FIR.
On these facts, we are of the view that the High Court was in error in declining to entertain the petition under Section 482 of CrPC on the basis that it was only the evidence at trial which would lead to a determination as to whether an offense was established.”