Appeal
Quash petitions dismissed by Hon’ble High Court
2. This Appeal by special leave is directed against the Impugned Order dt. 28.06.2024 passed by the High Court of Judicature at Bombay in Crl. W.P. No. 3181 of 2023 whereby the Petition u/s 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking quashing of the Criminal Case C.R. No. 490/2023 dt. 31.07.2023 for offences punishable u/s 376, 376(2)(n), 377, 504 & 506 of the Indian Penal Code (hereinafter “IPC”) registered at Karad Taluka Police Station, Satara qua the Appellant was dismissed. Vide an amendment to the Petition, the Appellant also challenged the chargesheet filed on 26.09.2023 and the proceedings in RCC no. 378/2023 pending before the Additional Sessions Judge, Karad.
6. The Appellant then preferred Crl. W.P. No. 3181 of 2023 seeking quashing of the C.R. No. 490/2023 dt. 31.07.2023 & the proceedings emanating therefrom before the High Court of Judicature at Bombay, and in the meanwhile, the investigation culminated into a charge-sheet 26.09.2023 before the Additional Sessions Judge, Karad.
8. Having heard both sides in this case and after carefully considering the material on record, the following attributes come to the fore:
FIR reveals the victim fell in love with the appellant and having physical relationship
(a) Even if the allegations in the FIR are taken as a true and correct depiction of circumstances, it does not appear from the record that the consent of the Complainant/Respondent no. 2 was obtained against her will and merely on an assurance to marry. The Appellant and the Complainant/Respondent no. 2 were acquainted since 08.06.2022, and she herself admits that they interacted frequently and fell in love. The Complainant/Respondent no. 2 engaged in a physical relationship alleging that the Appellant had done so without her consent, however she not only sustained her relationship for over 12 months, but continued to visit him in lodges on two separate occasions. The narrative of the Complainant/Respondent no. 2 does not corroborate with her conduct.
(b) The consent of the Complainant/Respondent no. 2 as defined under section 90 IPC also cannot be said to have been obtained under a misconception of fact. There is no material to substantiate “inducement or misrepresentation” on the part of the Appellant to secure consent for sexual relations without having any intention of fulfilling said promise. Investigation has also revealed that the Khulanama, was executed on 29.12.2022 which the Complainant/Respondent no. 2 had obtained from her ex-husband. During this time, the parties were already in a relationship and the alleged incident had already taken place. It is inconceivable that the Complainant had engaged in a physical relationship with the Appellant, on the assurance of marriage, while she was already married to someone else. Even otherwise, such promise to begin with was illegal and unenforceable qua the Appellant.
(c) There is no evidence of coercion or threat of injury to the Complainant/Respondent no. 2, to attract an offence under section 506 IPC. It is improbable that there was any threat caused to the Complainant/Respondent no. 2 by the Appellant when all along the relationship was cordial, and it was only when the Appellant graduated and left for his hometown to Ahmednagar, the Complainant/Respondent no. 2 became agitated. We also cannot ignore the conduct of the Complainant/Respondent no. 2 in visiting the native village of the Appellant without any intimation, which is also unacceptable and reflects the agitated and unnerved state of mind of the Complainant/Respondent no. 2. For the same reason, the criminal prosecution against the Appellant herein is probably with an underlying motive and disgruntled state of mind.
(d) There is also no reasonable possibility that the Complainant/Respondent no. 2 or any woman being married before and having a child of four years, would continue to be deceived by the Appellant or maintain a prolonged association or physical relationship with an individual who has sexually assaulted and exploited her.
Promise to marry not attracted
9. In our considered view, this is also not a case where there was a false promise to marry to begin with. A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of the State. Such conduct not only burdens the Courts, but blots the identity of an individual accused of such a heinous offence. This Court has time and again warned against the misuse of the provisions, and has termed it a folly to treat each breach of promise to marry as a false promise and prosecute a person for an offence under section 376 IPC.
10. As demonstrated hereinabove, the ingredients of the offence under Sections 376 (2)(n) or 506 IPC are not established. The present case squarely falls under categories enumerated in Para 102(5) & 102(7) as identified by this Court in State of Haryana Vs Bhajan Lal (supra) for the exercise of powers u/s 482 CrPC by the High Court so as to prevent the abuse of process of law. Para 102 reads as under:
“paras. 102”
11. Taking into consideration that the Appellant is just 25 years of age, and has a lifetime ahead of him, it would be in the interest of justice that he does not suffer an impending trial and, therefore, the proceedings emanating from C.R. No. 490/2023 dt. 31.07.2023 are quashed at this stage itself.
Conclusion
Appeal allowed: Quash dismissal order set aside
12. Consequently, the Appeal is allowed and the Impugned Order dt. 28.06.2024 passed by the High Court of Judicature at Bombay in Crl. W.P. No. 3181 of 2023 is set aside. Accordingly, C.R. No. 490/2023 dt. 31.07.2023 registered at Karad Taluka Police Station, Satara and proceedings emanating therefrom in RCC no. 378/2023 pending before the Additional Sessions Judge, Karad are quashed, and Appellant is discharged. Bail bonds, if any, also stand cancelled.
The judgments involved with citation are
1. State of Haryana vs Bhajan Lal, 1992 Supp (1) SCC 335
2. Naim Ahmed vs State (NCT) of Delhi, 2023 SCC Online SC 89
The Acts and Sections involved are
Indian Penal Code (IPC)
– Section 376 (Rape)
– Section 376(2)(n) (Aggravated rape)
– Section 377 (Unnatural sex)
– Section 504 (Intentional insult with intent to provoke breach of the peace)
– Section 506 (Criminal intimidation)
Code of Criminal Procedure, 1973 (CrPC)
– Section 482 (Inherent powers of High Court to prevent abuse of process)
– Section 155 (Information to the police and their powers to investigate)
Party
Amol Bhagwan Nehul (Appellant) and The State of Maharashtra & Another (Respondents) – Criminal Appeal No. 2835 of 2025 (Arising out of SLP (Crl.) No. 10044 of 2024) – 2025 INSC 782 – May 26, 2025, Hon’ble Justice B.V. Nagarathna and Hon’ble Justice Satish Chandra Sharma.
