VidhiSangh

Supreme Court of India · 25/05/2025

AMOL BHAGWAN NEHUL versus THE STATE OF MAHARASHTRA & ANR.

[2025] 7 S.C.R. 150 · 2025 INSC 782

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Summary

The Supreme Court quashed an FIR and chargesheet under Sections 376, 376(2)(n), 377, 504 and 506 IPC alleging rape on a false promise of marriage, holding that the complainant's year-long consensual relationship with the accused, maintained while she was still married to another man, did not disclose consent vitiated by a misconception of fact under Section 90 IPC and that the prosecution fell within the Bhajan Lal categories of inherently improbable and malicious proceedings.

Issues

  1. Whether the allegations in the FIR, taken at face value, made out the offences under Sections 376, 376(2)(n) and 506 IPC where the complainant had maintained a consensual relationship with the appellant for over a year.
  2. Whether the complainant's consent could be said to have been obtained under a misconception of fact within Section 90 IPC on an alleged promise of marriage made while she was still married to another person.
  3. Whether the High Court erred in declining to exercise its powers under Section 482 CrPC to quash the proceedings as an abuse of process under the categories in State of Haryana v. Bhajan Lal.

Provisions considered

Held

Result

Appeal allowed; High Court order dated 28.06.2024 set aside; C.R. No. 490/2023 of Karad Taluka Police Station and the proceedings in RCC No. 378/2023 before the Additional Sessions Judge, Karad quashed; appellant discharged and bail bonds cancelled; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 150.