VidhiSangh

Supreme Court of India · 16/10/2024

LALU YADAV versus THE STATE OF UTTAR PRADESH & ORS.

[2024] 10 S.C.R. 639 · 2024 INSC 782

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Summary

The Supreme Court quashed an FIR under Section 376 IPC alleging rape on a false promise of marriage. The FIR was lodged more than five years after the relationship began, the complainant herself described a long relationship in which the two lived as husband and wife with her family's knowledge, and nothing showed a promise that was false from the start. The Section 313 IPC allegation had already been dropped after investigation.

Issues

  1. Whether the High Court can entertain a petition to quash an FIR under Article 226 and treat it as one under Section 482 CrPC.
  2. Whether an FIR alleging sexual relations on a promise of marriage, over about five years in which the parties lived as husband and wife, discloses a prima facie case that consent was given under a misconception of fact.
  3. Whether the High Court erred in declining to quash the FIR.

Provisions considered

Held

Result

Appeal allowed; High Court's order dismissing the writ petition set aside; FIR No. 28/2018 at P.S. Nandganj, District Ghazipur, and all proceedings based on it quashed.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 639.