SC finds promise to marriage not false; quashes rape case

The Supreme Court has quashed a rape case against a man after finding the complainant admitted that it was a consensual relationship and there was no material to suggest the marriage promise was false at the inception.

A bench of Justices D Y Chandrachud and M R Shah allowed an appeal by Sonu alias Subhash Kumar against the Allahabad High Court's order of September 26, 2019.

The court pointed out there was no allegation that the promise to marry the complainant was false at the inception.

In fact, the contents of the FIR lodged at Mathura on February 7, 2018, apparently showed that there was a subsequent refusal by the man to marry the girl which gave rise to the registration of the FIR.

Going through the FIR and the complainant's statement before the judicial magistrate, the court said there was no manner of doubt that the relationship between them was of a consensual nature and the parties were in the relationship for about a period of one and a half years.

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However, subsequently, the man had expressed a disinclination to marry her which led to the registration of the FIR.

The man, for his part, contended no offence has been made out within the meaning of Section 376 (rape) of the IPC.

He further said that there was absolutely no intent on his part when he entered upon the relationship, not to marry the complainant nor can it be even suggested that the promise to marry was false.

Agreeing to his contention, the top court's bench said, "We are of the view that the High Court was in error in declining to entertain the petition under Section 482 of Criminal Procedure Code (CrPC) on the basis that it was only the evidence at trial which would lead to a determination as to whether an offence was established."

The court quashed the charge sheet as well as the trial court's order taking cognisance of the offence.