No Allegation That Promise To Marry Was False At The Inception: Supreme Court Quashes Rape Case

  • Post category:Daily Judgments
  • Reading time:4 mins read

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 offence 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 offence was established.”

[doc id=3947]

Previous Posts

“Exercise Restraint And Follow ‘Nilesh Navlakha Case’ Guidelines On Media Trial Scrupulously”: Bombay High Court To Media

Appeal Against Environmental Clearance Granted to Vishakapatnam Greenfield International Airport Restored By Supreme Court Before NGT

FIR can be quashed under Writ Jurisdiction of Article 226, If It Is Found to Be Abuse of Process of Law

Section 138 NI Act Proceedings Against Corporate Debtor For Cheque Dishonour is Covered Under Section 14 IBC

Ossification Test Conducted On An Accused Cannot Be Conclusive To Declare Him As A Juvenile On The Date Of The Incident if His Age Around 40-55 Years Download Judgement


Quashes, Rape Case