Supreme Court Quashes Rape Case After Finding Good Faith Promise Not Fulfilled
Recently, the Supreme Court quashed a rape case, noting the distinction between a false promise of marriage and a breach made in good faith that was not subsequently fulfilled. The bench, comprising of Justices SK Kaul and MM Sundresh, made this observation while hearing the case of Mandar Deepak Pawar vs The State of Maharashtra & Anr.
The case involved a consensual relationship between the appellant and respondent from 2009 to 2011. According to the respondent, the physical relationship was based on an assurance of marriage by the appellant. However, the complaint was filed only in 2016, after a considerable period had passed. The FIR dated 16.12.2016 was registered under Sections 376 and 420 of the IPC.
The court, upon hearing arguments from both sides, observed that the FIR registration in this case amounted to an abuse of the criminal process. It noted that the parties had engaged in a physical relationship without formalizing their marriage, and the complainant decided to file the FIR three years later, after the relationship had ended.
Referring to precedent, the court cited the case (2019) 9 SCC 608 titled “Pramod Suryabhan Pawar Vs. State of Maharashtra & Anr.” where a similar factual scenario led to the quashing of an FIR. The court differentiated between a false promise of marriage, made with the understanding that it would be broken, and a breach of promise made in good faith but not fulfilled.
Consequently, the Supreme Court allowed the criminal appeal, setting aside the impugned judgment and quashing the proceedings in pursuance to the FIR dated 16.12.2016. The court remarked that continuing with the proceedings would amount to harassment of the appellant through the criminal process itself.
The parties were directed to bear their own costs in the matter.
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