Kerala High Court on Quashing of Rape Charges under Section 376(2)(n) IPC.

The Kerala High Court quashed proceedings against the accused under Section 376(2)(n) IPC, arising from allegations of rape under a false promise of marriage. The Court held that the defacto complainant, being a married woman with a child, could not have given consent under a misconception of fact that the accused would marry her. The sexual acts were held to be consensual, and continuation of proceedings would amount to abuse of process of law.

1. The accused befriended the defacto complainant on Facebook and allegedly promised to marry her.
2. The complainant, a married woman living separately from her husband, alleged that the accused took her to Mangalapuram on 3rd October 2021 and committed rape in a hotel on 3rd and 4th October 2021.
3. On 8th October 2021, he allegedly visited her residence and committed rape again.
4. She filed a complaint on 24th October 2021.
5. The accused petitioned under Section 528 BNSS to quash the charges, arguing that the complainant was already married and that the alleged promise of marriage could not form the basis of rape under Section 376(2)(n) IPC.

1. Examination of the complainant’s F.I. statement indicated that she voluntarily traveled, stayed in a hotel with the accused, and later allowed him to stay overnight at her residence.
2. Mere promise of marriage does not constitute a “misconception of fact” under Section 90 IPC unless the accused had a clear intention to deceive for sexual gratification.
3. Judicial precedents (Uday v. State of Karnataka, Deepak Gulati v. State of Haryana, Dhruvaram Murlidhar Sonar v. State of Maharashtra, Naim Ahamed v. State NCT of Delhi) were cited, establishing that sexual intercourse based on a promise of marriage by a married woman cannot automatically be construed as rape.
4. The complainant’s consent was deemed voluntary and not obtained by deception or coercion.

1. Section 376(2)(n), Indian Penal Code – Punishment for rape under a false promise of marriage.
2. Section 90, IPC – Consent obtained under fear or misconception of fact.
3. Section 528, BNSS – High Court’s inherent power to quash proceedings.

1. Petition allowed.
2. All proceedings in SC No. 390 of 2022 (Fast Track Special Court, Kasargod), arising from Crime No. 717/2021 (Manjeshwar Police Station), are quashed.

Citation: 2025:KER:79852

Case: Muhammed Nasim C P v. State of Kerala & Ors.

Court: High Court of Kerala at Ernakulam

Coram: Justice C. Pratheep Kumar

Date of Decision: 25 October 2025

Criminal Miscellaneous Case No.: 7999 of 2025