The Supreme Court in a recent decision has quashed an FIR against a man accused of 'rape by false promise to marry,' emphasizing that the continuation of such prosecution would constitute a severe abuse of the legal process. The Court clarified that if it's proven that the victim's consent was based on a false promise of marriage from the beginning, then consent cannot be deemed valid, thereby constituting rape.

The case revolved around a complaint filed by a woman against the appellant, alleging that he had engaged in a physical relationship under the promise of marriage. However, the Court noted that the complainant did not express any grievance regarding the alleged forced relationship and admitted to their engagement.

The bench of Justices Abhay S. Oka and Pankaj Mithal observed that the physical relationship appeared to be consensual from 2013 to 2017, as evident from the engagement and the complainant's conduct.

Moreover, the appellant claimed to have already married the complainant, though he couldn't produce a Nikahnama (marriage certificate). However, the Court referenced a police-recorded statement confirming the marriage between the appellant and the complainant, bolstering his assertion.

Considering the circumstances, the Court deemed it impossible to conclude that the complainant maintained the physical relationship solely due to a false promise of marriage. Consequently, the Court ruled that the continuation of the prosecution would constitute a gross abuse of legal process. Instead, the appellant was directed to pay Rs. 5 lakhs in maintenance to the complainant, with Rs. 10 lakhs already deposited to be invested for the child born out of their relationship. In light of these findings, the Supreme Court allowed the appeal.

Case: Sheikh Arif v. The State of Maharashtra & Anr,

CRIMINAL APPEAL NO. 1368 OF 2023.

Click here to read/download judgment.