Supreme Court on Quashing FIR in Alleged Rape Case: Consensual Relationship Cannot Be Criminalised.

Headnote:

The Supreme Court quashed FIR No. 294 of 2024 and the subsequent charge-sheet against the appellant, observing that the allegations arose from a consensual long-term relationship that later turned acrimonious. The Court held that continuation of criminal proceedings in such a scenario would constitute abuse of the legal process, as the record revealed no coercion, force, or misrepresentation sufficient to vitiate consent under Sections 376 and 376(2)(n) IPC.

Background:

1. Respondent No.2 lodged a complaint alleging that the appellant, a practising advocate, induced her into repeated sexual relations under a false promise of marriage between 12.03.2022 and 20.05.2024.
2. The complainant was married and had a minor daughter but had been living separately from her husband since 2020 due to matrimonial discord.
3. The appellant had previously been granted anticipatory bail by the Trial Court, but the FIR and chargesheet were filed alleging offences under Sections 376, 376(2)(n), and 507 IPC.
4. The appellant filed an application under Section 528 BNSS seeking quashing of the FIR and chargesheet, which was dismissed by the Bombay High Court.

Court’s Observations:

1. The allegations indicated a consensual relationship over a prolonged period, with no complaints lodged during the subsistence of the relationship.
2. The promise of marriage, if any, was not shown to have been made in bad faith from the beginning to induce sexual relations.
3. Mere failure of a relationship to culminate in marriage cannot transform consensual acts into criminal offences.
4. Courts have repeatedly cautioned against criminalising failed or acrimonious relationships to prevent misuse of criminal law.
5. Prior judgments, including Mahesh Damu Khare v. State of Maharashtra and Prashant v. State of NCT of Delhi, support that consent in long-term relationships without evidence of deceit or coercion cannot be vitiated retrospectively.
6. Section 528 BNSS (similar to Section 482 CrPC) empowers courts to quash proceedings where allegations, even if accepted at face value, do not prima facie constitute an offence or where continuation would amount to abuse of process.

Decision:

1. The Supreme Court allowed the appeal, set aside the High Court’s order dated 06.03.2025, and quashed FIR No. 294 of 2024 and Charge-sheet No. 143 of 2024.
2. The Court highlighted that continuation of prosecution under the given facts would amount to misuse of the criminal justice system.
3. Amicus Curiae Ms. Radhika Gowtam was acknowledged for her assistance, with an honorarium of Rs. 15,000 awarded.

Legal Provisions Discussed:

1. Sections 376, 376(2)(n), IPC – Punishment for rape; enhanced punishment for repeated sexual assault on the same woman.
2. Section 507, IPC – Criminal intimidation.
3. Section 528, BNSS, 2023 – Power to quash criminal proceedings.
4. Section 90, IPC – Consent vitiated by misconception of fact.
5. Principles of Abuse of Process – Courts must prevent misuse of criminal law in failed relationships.

Citation: 2025 INSC 1351

Case: Samadhan S/O Sitatram Manmothe v. State of Maharashtra & Another

Court: Supreme Court of India

Coram: B.V. Nagarathna & R. Mahadevan, JJ.

Date of Decision: 24 November 2025

Criminal Appeal No.: 5001 of 2025

Arising out of SLP (Crl.) No.: 6906 of 2025