AIROnline 2025 SC 404

Supreme Court Of India

(From : 2024 (3) ABR (Cri) 5)

Hon'ble Judge(s): B. V. Nagarathna, Satish Chandra Sharma , JJ

Criminal P.C. (2 of 1974) , S.482— Quashing of proceedings - Prima facie case - Offences punishable u/S. 376, 376(2)(n), 377, 504 and 506 of the Indian Penal Code- Allegation that accused forcibly had sexual intercourse with victim on false assurance of marriage - Accused and informant had known each other since long and entered into a consensual relationship that lasted over twelve months, during which she repeatedly visited him in lodges - Informant even obtained a Khulanama from her husband - Prosecution offered no evidence of coercion, misrepresentation or threats - There is no reasonable possibility that any woman being married before and having a child of four years, would continue to be deceived by or maintain a prolonged association or physical relationship with an individual who has sexually assaulted and exploited her - There was lack of evidence to prove a false promise of marriage without intent to fulfill - Mere breach of promise and a sour relationship cannot justify invoking harsh provisions of criminal law, particularly against a young accused aged 25 years - Proceedings were quashed. 2024 (3) ABR (Cri) 5-ReversedAIR 1992 SC 604-Followed (Para 8 9 11) .....