VidhiSangh

Supreme Court of India · 26/11/2024

MAHESH DAMU KHARE versus THE STATE OF MAHARASHTRA & ANR.

[2024] 11 S.C.R. 886 · 2024 INSC 897

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court quashed an FIR for rape on a false promise of marriage, cheating, insult and intimidation. The complainant, a mature woman who knew the appellant was married, kept up a physical relationship with him from 2008 to 2017 without protest. Consent was therefore not shown to have been vitiated by a misconception of fact, and the FIR disclosed no ingredients of the other offences.

Issues

  1. Whether the FIR alleging repeated sexual intercourse from 2008 to 2017 on a false promise of marriage disclosed a prima facie offence of rape under Section 376 IPC, having regard to Sections 375 and 90 IPC.
  2. Whether the FIR disclosed offences under Sections 420, 504 and 506 IPC.
  3. Whether the High Court erred in refusing to quash the FIR under Section 482 CrPC on the ground that rape is an offence against society.

Provisions considered

Held

Result

Appeal allowed; High Court order set aside and FIR under Sections 376, 420, 504 and 506 IPC quashed, without barring the complainant from pursuing any other remedy available in law.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 886.