Rape on false promise of marriage: SC quashes case lodged by woman against colleague

The Supreme Court has quashed a case of ‘rape on the pretext of marriage’ filed by a woman from Madhya Pradesh against her colleague, saying the criminal proceedings were started as an afterthought and with an ulterior motive.

“We are of the view that the FIR and the chargesheet against the appellant-accused ought to be quashed,” a Bench led by Justice Sanjay Karol said, allowing the appeal of the accused man.

The top court took note of the fact that the appellant-accused had initiated legal processes/administrative processes against the complainant (woman) much before she lodged the FIR in question.

These included a show-cause notice issued by the employer regarding her continued acrimonious behaviour against the Appellant-accused, with the ultimatum that should she not respond to the notice with the requisite clarification, she would be relieved of her employment, it noted.

“It is only thereafter that the subject FIR was lodged. Further, the same was lodged four months after the alleged incident of forced sexual intercourse with the complainant,” the top court said.

Pointing out that the FIR was lodged four months after the alleged incident of forced sexual intercourse with the complainant, the Bench said, “If the description of the offence is taken at face value, right at the first instance, the complainant (woman) was not willing and was persuaded to engage in relations on the assurance of eventual marriage between the parties.

When she enquired as to when the same would take place, a few days later, allegedly the appellant-accused refused and asked her to marry someone else. That would be the first occasion when, having realised that she had been taken advantage of, the complainant should have taken the requisite action.”

The top court said, “Even if that was not done so, the fact that the subject FIR was only lodged after the issuance of show-cause notice, which obviously has large real-world implications insofar as the complainant is concerned, leaves open a gaping possibility that the same was lodged as an afterthought and was a vehicle for vengeance for the impending consequences described above.”

Concluding that the criminal proceedings were initiated with an ulterior motive, the top court quashed the FIR and the chargesheet against the accused.