Case Note & Summary
The Supreme Court heard an appeal against the High Court's rejection of an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of criminal proceedings for rape and cheating. The appellant was accused of having sexual intercourse with the complainant based on a promise of marriage, which allegedly constituted consent under misconception of fact under Section 90 of the Indian Penal Code, 1860. The appellant argued that the complainant's statements indicated consent and no prior promise of marriage, while the State and complainant contended that coercion and inducement existed, requiring trial. The court examined the First Information Statement and police statements, noting that the victim and accused were major, closely related, and had multiple interactions. The victim alleged three instances of sexual intercourse, with the first being abrupt and coerced, followed by a promise of marriage after the act. Subsequent instances involved allegations of threat and coercion, but the victim willingly accompanied the accused to hotel rooms each time. The court found no evidence of a promise of marriage made before the first intercourse to induce consent, and the allegations of forceful intercourse were inconsistent with the victim's repeated voluntary actions. Relying on the precedent in Prithvirajan vs. The State, the court held that the proceedings were an abuse of process, as the statements did not reveal ingredients of rape under Section 376 IPC. Consequently, the court allowed the appeal and quashed the proceedings pending before the Sessions Judge.
Headnote
A) Criminal Law - Rape - Consent and Promise of Marriage - Indian Penal Code, 1860, Sections 90, 376 - The court examined whether consent for sexual intercourse was obtained through false promise of marriage constituting misconception of fact under Section 90 IPC - Held that from the victim's statements, no promise of marriage was made before the first sexual intercourse to induce consent, and subsequent allegations were of forceful intercourse without consent, making the prosecution unsustainable (Paras 8-12). B) Criminal Procedure - Inherent Powers - Quashing of Proceedings - Code of Criminal Procedure, 1973, Section 482 - The court considered whether to exercise inherent powers under Section 482 CrPC to quash criminal proceedings for rape and cheating - Held that the proceedings constituted an abuse of process of court as the victim's statements revealed consensual relationship and mutually destructive contentions, warranting quashing to prevent injustice (Paras 7, 13).
Issue of Consideration
Whether the criminal proceedings for rape and cheating should be quashed under Section 482 of the Code of Criminal Procedure, 1973, considering the allegations of consent obtained by promise of marriage under Section 90 of the Indian Penal Code, 1860.
Final Decision
Appeal allowed, proceedings in S.C. No. 49 of 2022 before Sessions Judge (Mahila Court), Erode quashed
Law Points
- Consent in rape cases
- Section 90 IPC misconception of fact
- Section 482 CrPC inherent powers
- Abuse of process of court
- Promise of marriage as inducement
