NDLI: Ms. X Vs. Mr. A and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	False promise of marriage
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974) Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 (33 of 1989) Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Crime Against Women – Sexual intercourse based on promise of marriage – The Appellant-prosecutrix believed that the accused would marry her leading her to consent to establishing a sexual relationship with the accused – Subsequent pregnancy of the Appellant –Termination of pregnancy at the instance of the accused – Refusal of the appellant to marry the Appellant [Paras 3 - 3.4] Crime Against Women – Narrative given by the prosecutrix in initial statement qua the abortion undergone – Changed substantially in the restatement – Version of events as given by the prosecutrix in the FIR totally contrary to the restatement [Paras 9, 15]. Crime Against Women – Sexual intercourse based on promise of marriage – Consideration of material on record by the High Court – The High Court referred to pertinent documents including the original complaint, restatement, medical reports of the prosecutrix and the statement of the doctor while quashing the proceedings [Para 8]. Panel Code, 1860 – s.375 – Legal concept of “consent” in relation to Section 375, IPC – Engagement in sexual activity based on a false promise to marry – Propositions to be established – For the promise to marry to be false, it ought to be given in bad faith per se and must also bear a direct nexus to the woman’s decision to engage in the sexual act [Para 11]. Code of Criminal Procedure 1973 – s.482 – Guidelines for exercise of powers under Section 482 of Cr.P.C – Power to be exercised to prevent abuse of the process of any court or to secure the ends of justice – Categories of cases illustrated – Powers under Section 482 of Cr.P.C should be exercised only in exceptional cases where there is no sufficient ground for proceeding against the accused [Paras 17-18]. Code of Criminal Procedure 1973 – s.482 – Quashing of Proceedings under – The High Court quashed the proceedings under IPC and the SC/ST Act citing insufficiency of evidence and material contradictions in the statements of the prosecutrix – Allegations in FIR and in the restatement of the prosecutrix do not prima facie indicate a false promise to marry by the accused – No infirmity in the approach adopted by the High Court – Appeal dismissed [Paras 15-19]. Held: Relying on Shambhu Kharwar v. State of Uttar Pradesh and Another, [2022] 7 SCR 156, wherein on similar facts the court came to the finding that the relationship between the parties was purely of a consensual nature. Present case would squarely fall under the guidelines given by this court in State of Haryana and Others v. Bhajan Lal and Others, [1992] Supp. 3 SCR 735, for exercising of powers under Section 482, CrPC - In the present case, even if the allegations made in the FIR and the material on which the prosecution relies, are taken at its face value, there were no sufficient grounds for proceeding against the accused [Paras 11, 15- 19]
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Neutral Citation	2024 INSC 216
Petitioner	Ms. X
Respondent	Mr. A And Others
SCR	[2024] 3 S.C.R. 947
Judgement Date	2024-03-18
Case Number	18

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