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SUPREME COURT OF INDIA
Sanjay Kishan Kaul, M. M. Sundresh, JJ.
Mandar Deepak Pawar – Appellant
Versus
The State of Maharashtra & Anr. – Respondents
Criminal Appeal No. 442/2022
Decided On : 27-07-2022
Fact of the Case:
The appellant and respondent No.2 were in a consensual relationship, with the respondent claiming that it was based on an assurance of marriage. The complaint was filed three years after the relationship ended.Finding of the Court:
The court found that the registration of the FIR was an abuse of the criminal process due to the delay in filing the complaint and the consensual nature of the relationship.Ratio Decidendi:
The court distinguished between a false promise to marriage and a breach of promise made in good faith, citing the case of 'Pramod Suryabhan Pawar Vs. State of Maharashtra & Anr.' The court emphasized that allowing further proceedings would amount to harassment to the appellant. Final Decision: The court allowed the criminal appeal, set aside the impugned judgment, and quashed the proceedings in pursuance to the FIR. Each party was ordered to bear their own costs.ORDER
1. The appellant and respondent No.2 were undisputedly in a consensual relationship from 2009 to 2011 (or 2013 as stated by the respondent No.2). It is the say of the respondent No.2 that the consensual physical relationship was on an assurance of marriage by the appellant. The complaint has been filed only in 2016 after three years, pursuant whereto FIR dated 16.12.2016 was registered under Section 376 and 420, IPC.
2. On hearing learned counsel for parties, we find ex facie the registration of FIR in the present case is abuse of the criminal process.
3. The parties chose to have physical relationship without marriage for a considerable period of time.
4. For some reason, the parties fell apart. It can happen both before or after marriage. Thereafter also three years passed when respondent No.2 decided to register a FIR.
5. The facts are so glaring as set out aforesaid by us that we have no hesitation in quashing the FIR dated 16.12.2016 and bringing the proceedings to a close.
6. Permitting further proceedings under the FIR would amount to harassment to the appellant through the criminal process itself.
7. We are fortified to adopt this course of action by the judicial view in (2019) 9 SCC 608 titled 'Pramod Suryabhan Pawar Vs. State of Maharashtra & Anr.' where in the factual scenario where complainant was aware that there existed obstacles in marrying the accused and still continued to engage in sexual relations, the Supreme Court quashed the FIR. A distinction was made between a false promise to marriage which is given on understanding by the maker that it will be broken and a breach of promise which is made in good faith but subsequently not fulfilled.
8. This was in the context of Section 375 Explanation 2 and Section 90 of the IPC, 1860.
9. The Criminal appeal is accordingly allowed.
10. Impugned judgment is set aside and the proceedings in pursuance to FIR dated 16.12.2016 stand quashed, leaving parties to bear their own costs.
The court emphasized that a consensual relationship without marriage and a delay in filing a complaint can be considered an abuse of the criminal process, leading to the quashing of the FIR.
A false promise of marriage alone does not constitute rape or cheating if the physical relations were consensual.
Consensual sexual intercourse is not rape.
A mere breach of promise to marry does not constitute an offence under IPC unless it is shown that the promise was made in bad faith with no intention to adhere to it.
Rape – A married lady is not supposed to betray her husband by entering into physical relationship with another man.
Consensual sexual relationship is not rape.
Consent requires an active understanding of the circumstances and consequences, and a promise of marriage to a married person is not a valid inducement.
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