SC Quashes Rape Case After Finding Marriage Promise Was Made in Good Faith
The Supreme Court of India has quashed a rape case, saying that there is a clear difference between a false promise of marriage and a promise made in good faith that was not fulfilled later.
A bench of Justices SK Kaul and MM Sundresh made this observation while hearing the case between Mandar Deepak Pawar and The State of Maharashtra & Another.
In this case, the man and the woman were in a consensual relationship from 2009 to 2011. The woman claimed that their physical relationship was based on his assurance of marriage. However, she filed the complaint in 2016, and an FIR was registered on 16 December 2016 under Sections 376 and 420 of the IPC.
The court said, “We find that filing this FIR appears to be a misuse of the criminal process. Both individuals willingly chose to be in a relationship without marriage. Later, they separated, which can happen to any couple, whether married or not.”
The court also noted the three-year gap between the breakup and the filing of the complaint, calling the delay a sign of possible harassment through legal means.
The bench referred to a previous Supreme Court judgment (Pramod Suryabhan Pawar vs State of Maharashtra, 2019), where it was clarified that there’s a difference between a false promise to marry made with bad intent, and a breach of promise made in good faith.
In conclusion, the appeal was allowed, the earlier judgment was set aside, and the FIR was quashed, with both parties bearing their own legal costs.
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