SUPREME COURT OF INDIA
J.B.PARDIWALA, SANDEEP MEHTA
Pradeep Kumar Kesarwani – Appellant
Versus
State of Uttar Pradesh – Respondent
Based on the provided legal document, the key points are as follows:
The court emphasizes the importance of distinguishing clearly between consensual sex and rape. It underscores that allegations must be substantiated with credible and specific evidence, especially in cases where the complaint is delayed or vague (!) (!) .
The court highlights that summoning an individual based on a frivolous or vexatious complaint is a serious matter that can tarnish a person's reputation. Therefore, courts have a duty to scrutinize the material relied upon in such cases carefully and with circumspection (!) .
The court sets out specific criteria for quashing criminal proceedings under Section 482 of the Cr.P.C., including evaluating whether the material is sound and reasonable, whether it can reject the allegations, and whether continuing the proceedings would amount to an abuse of process and serve no justice (!) (!) .
The court notes that a significant delay in lodging a complaint, especially when the complainant did not accept notices or show willingness to pursue the case, raises questions about the credibility and seriousness of the allegations (!) (!) .
The court emphasizes that in cases involving promises of marriage, it is crucial to assess whether the accused genuinely intended to marry the victim or merely made a false promise to satisfy lust, as this distinction influences whether the act constitutes rape or deception (!) (!) .
The court recognizes that consent must be given freely and with understanding of the nature and consequences; coercion, deception, or misrepresentation can invalidate consent and transform the act into an offense (!) (!) .
Ultimately, the court finds that the criminal proceedings against the appellant are a gross abuse of law, especially given the lack of credible evidence, the delay in complaint, and the absence of independent substantiation. As a result, it exercises its inherent powers to quash the proceedings, thereby preventing an unjust trial from proceeding (!) (!) .
The overarching principle is that courts must exercise caution and thorough scrutiny when dealing with allegations of serious offenses like rape, especially when there are indications that the complaint may be motivated by ulterior or vengeful motives (!) (!) .
These points collectively reflect the court's approach to balancing the need for justice with the protection of individuals from vexatious or false allegations, ensuring that proceedings are initiated and continued only when credible and substantiated evidence exists.
| Table of Content |
|---|
| 1. background of the appeal and alleged application. (Para 3 , 9) |
| 2. complaint lodged regarding alleged offenses. (Para 4 , 5 , 6 , 7 , 8 , 10) |
| 3. appellant's arguments on complaint validity. (Para 12 , 13 , 14 , 15) |
| 4. court's duty in frivolous complaint cases. (Para 16 , 17 , 18 , 19 , 20) |
| 5. ruling on high court's powers and complaint seriousness. (Para 21 , 22 , 23) |
| 6. final ruling quashing proceedings. (Para 24 , 25) |
ORDER
2. It has been brought to our notice that the respondent no.2 declined to accept the notice issued by this Court. This is what the office report also indicates.
4. The facts giving rise to this appeal may be summarised as under:-
(II) At the time of filing of the complaint the same was was labelled as an application under Section 156(3) of the CRIMINAL PROCEDURE CODE , 1973 (for short "the CrPC"). The complaint reads thus:-
2. That the applicant had been studying in the Allahabad University, Allahabad since 2010 and at the same time she was preparing for SSC from Krishna Coaching Institute. In the said Coaching Centre the respondent No.1 was also taking coaching, and he developed friendship with me. Thereafter he started coming to my room also and all
Deepak Gulati Vs. State of Haryana reported in
Mohammad Wajid v. State of U.P.
Rajiv Thapar & Ors. v. Madan Lal Kapoor (Criminal Appeal No. 174 of 2013)
None of the cases listed explicitly indicate that they have been overruled, reversed, or treated as bad law. There are no keywords or phrases such as "overruled," "reversed," "criticized," or "abrogated" within the provided excerpts that suggest any case has been officially discredited or invalidated in subsequent rulings.
Followed:
Lt Gen Inderjit Singh Avsm Vsm (Retd) vs State of NCT of Delhi - 2025 Supreme(Online)(Del) 7121: This case discusses the steps stipulated by the Hon'ble Apex Court in Pradeep Kumar Kesarwani v. State of U.P. and references the case multiple times, suggesting it follows or relies on the precedent set by the Apex Court decision. The mention of "Coming to the steps stipulated by the Hon’ble Apex Court" indicates adherence to or reliance on the legal principles established therein.
Lt Gen Inderjit Singh Avsm Vsm (Retd) vs State of NCT of Delhi - 2025 0 Supreme(Del) 743: Similar to the above, this case refers to the same Apex Court decision and appears to follow its guidelines or rulings, as indicated by the phrase "Coming to the steps stipulated by the Hon’ble Apex Court."
Distinguished:
Deepak Gulati VS State of Haryana - 2013 3 Supreme 727: The case distinguishes between rape and consensual sex and emphasizes the importance of intention, which suggests it is applying a different legal analysis or setting apart its facts from other cases.
RAJIV THAPAR VS MADAN LAL KAPOOR - 2013 1 Supreme 435: Focuses on procedural aspects under Section 482, Cr.P.C., and discusses interpretation principles, indicating a different legal focus rather than treatment of a precedent.
Mohammad Wajid VS State Of U. P. - 2023 5 Supreme 601: Discusses general principles regarding abuse, FIR registration, and criminal antecedents. It appears to be a procedural or interpretive discussion rather than a case that has been overruled or criticized.
Uncertain:
Pradeep Kumar Kesarwani vs State of Uttar Pradesh - 2025 Supreme(Online)(SC) 11805: The excerpt provides details about the case but does not specify how it has been treated in subsequent judgments.
The initial case involving Kumar Kesarwani appears to be a factual recounting rather than a legal ruling with subsequent treatment indicated.
Pradeep Kumar Kesarwani vs State of Uttar Pradesh - 2025 Supreme(Online)(SC) 11805: No explicit information about subsequent treatment or judicial treatment pattern is provided.
Cases involving Kumar Kesarwani (Lt Gen Inderjit Singh Avsm Vsm (Retd) vs State of NCT of Delhi - 2025 0 Supreme(Del) 743 and Lt Gen Inderjit Singh Avsm Vsm (Retd) vs State of NCT of Delhi - 2025 Supreme(Online)(Del) 7121) seem to rely on or follow the Apex Court decision but do not specify whether they have been overruled or criticized.
The case law list does not include any direct references to overruling, reversal, or disapproval, making their treatment unclear beyond the context provided.
Rape – There is clear distinction between rape and consensual sex – Summoning any person on the basis of a frivolous or vexatious complaint is something very serious.
High Court must pass a speaking and reasoned order – When serious allegations for offences under Sections 307, 504, 506 of IPC and Section 3(10)(15) of SC/ST Act were made, High Court ought to have b....
The main legal point established in the judgment is the court's discretion in exercising power under Section 482 CrPC to prevent abuse of the process of court and secure the ends of justice.
Quashing of criminal proceeding – Court will not be justified in embarking upon enquiry as to reliability or genuineness or otherwise of allegations made in FIR or complaint.
The crucial ingredients of the offence under Section 375 IPC were not established, and the High Court dismissed the application under Section 482 of Cr.P.C. on a completely misconceived basis.
Rape – Consensual sex between two adults is not rape.
The prosecution cannot proceed where allegations reflect a civil dispute and lack evidence of criminal conduct, as per principles from SC/ST Act precedents.
Rape, cheating and stalking – Criminal case cannot be quashed when there are serious factual disputes.
(1) If a prima facie case is made out disclosing ingredients of offence alleged against accused, Court cannot quash a criminal proceeding.(2) Cognizance of offence – Magistrate can ignore conclusion ....
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