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2026 INSC 124Supreme Court of India

Pramod Kumar Navratna v. State of Chhattisgarh

Consensual Relationships Cannot Be Criminalised as Rape on False Promise of Marriage

5 February 2026Justice B.V. Nagarathna, Justice Ujjal Bhuyan
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TL;DR

The Supreme Court quashed an FIR and all criminal proceedings under Section 376(2)(n) IPC against an advocate accused of rape on false promise of marriage by a married woman advocate. The Court held that a consensual relationship between adults cannot be criminalised as rape merely because it does not culminate in marriage, especially when the complainant was already married and any promise of marriage was legally impossible to fulfil under the Hindu Marriage Act and Special Marriage Act which prohibit bigamy.

The Bottom Line

If you are in a consensual relationship that ends badly, the other person cannot simply file a rape case against you by claiming you made a false promise of marriage. This is especially true when the person making the complaint was already married, making any such marriage legally impossible. The Supreme Court has made it clear that failed relationships should not be given the colour of criminality, and that rape laws exist to protect against genuine sexual violence, not to settle personal scores after breakups.

Case Timeline

The journey from FIR to Supreme Court verdict

event
1 Sept 2022

Relationship Begins

The appellant (advocate) and the complainant (married advocate with a minor child and pending divorce proceedings) met at a social event and developed a relationship.

event
15 Jan 2025

Relationship Deteriorates

After approximately two and a half years of the relationship, the appellant allegedly became evasive about marriage commitments, leading to the relationship breaking down.

filing
6 Feb 2025

FIR Registered

Complainant filed FIR No. 213/2025 at Sarkanda Police Station, Bilaspur under Section 376(2)(n) IPC, alleging repeated rape on false promise of marriage.

order
3 Mar 2025

High Court Refuses to Quash FIR

Chhattisgarh High Court declined to quash the FIR, holding that issues of consent required trial.

filing
1 Apr 2025

Chargesheet Filed

Chargesheet No. 269/2025 was filed and Sessions Case No. 89/2025 was registered against the appellant.

judgment
5 Feb 2026

Supreme Court Quashes FIR

Supreme Court allowed the criminal appeal, quashed FIR No. 213/2025, the chargesheet, and all consequent criminal proceedings.

The Story

The appellant Pramod Kumar Navratna, an advocate, came into contact with the complainant, a 33-year-old female advocate who was married with a minor child, at a social event in September 2022. At the time, the complainant's divorce proceedings initiated by her husband were pending. Despite her subsisting marriage, the two developed a relationship that continued from September 2022 until January 2025.

The complainant alleged that the appellant took her to a friend's house under the pretext of picking up documents and engaged in sexual intercourse, later claiming marriage intentions. She further alleged that the appellant continued physical relations while verbally promising marriage, and when she became pregnant, forced her to consume abortion-inducing tablets. As the relationship deteriorated, the appellant allegedly became evasive about marriage commitments.

On 6 February 2025, the complainant filed FIR No. 213/2025 at Sarkanda Police Station, District Bilaspur, under Section 376(2)(n) of the Indian Penal Code, alleging that the appellant had repeatedly raped her on the false promise of marriage. Following the FIR, Chargesheet No. 269/2025 was filed and Sessions Case No. 89/2025 was registered.

The appellant sought quashing of the FIR and proceedings before the Chhattisgarh High Court under Section 482 BNSS. The High Court, by its order dated 3 March 2025, refused to quash the FIR, holding that the issues of consent required a trial. Aggrieved, the appellant filed SLP (Crl.) No. 4452 of 2025 before the Supreme Court, which was granted leave and converted into a criminal appeal.

Legal Issues

Click each question to reveal the Supreme Court's answer

1Question

Whether a consensual sexual relationship between adults can be criminalised as rape under Section 376(2)(n) IPC when it does not culminate in marriage?

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1SC Answer

No. The Supreme Court held that a consensual relationship between adults cannot be given the colour of rape merely because it does not culminate in marriage. Not every breach of a promise to marry amounts to rape. For Section 376(2)(n) to apply, there must be a false promise of marriage made from the very inception with the sole intention of obtaining sexual consent, and the complainant must have relied on that promise as the direct reason for giving consent.

Reinforces the critical distinction between a false promise of marriage (actionable) and a breach of promise (not criminal), preventing the misuse of rape laws to criminalise failed relationships.

2Question

Whether a married person can claim that consent to sexual relations was vitiated by a false promise of marriage when the marriage was legally impossible?

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2SC Answer

No. The Court held that both facts -- disclosing an existing marriage and claiming deception about marriage prospects -- cannot stand together on the same plane, being "antagonistic and antithetical." Since Section 5(i) of the Hindu Marriage Act and Section 4(i) of the Special Marriage Act prohibit bigamy, any promise to marry a person whose first marriage subsists was legally impossible to perform, and therefore incapable of vitiating consent.

Establishes the legal impossibility doctrine in the context of rape prosecutions based on false promise of marriage. If marriage is legally impossible, the promise cannot form the basis of a misconception of fact.

3Question

Whether the criminal proceedings against the appellant constituted an abuse of the process of court warranting quashing under inherent jurisdiction?

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3SC Answer

Yes. The Court found that allowing the prosecution to continue would constitute an abuse of the criminal process. The complainant, a practising advocate, was fully aware of her marital status and the legal bar on remarriage. The case was a classic example of a consensual relationship turning acrimonious, not a case of genuine sexual exploitation.

Reaffirms the power of the Supreme Court and High Courts to quash criminal proceedings to prevent abuse of process, particularly where prosecution is motivated by personal vendetta rather than genuine grievance.

Arguments

The battle of arguments before the Supreme Court

Petitioner

Vihaan Kumar

1

Relationship was entirely consensual between two adults

The appellant argued that the sexual relationship was consensual throughout its duration of over two years. Both parties were practising advocates who entered into the relationship voluntarily and with full knowledge of the circumstances. No element of coercion, force, or exploitation was involved.

2

Marriage promise was legally impossible to fulfil

The appellant contended that since the complainant was already married with pending divorce proceedings, any promise of marriage was legally unenforceable. Under Section 5(i) of the Hindu Marriage Act, 1955 and Section 4(i) of the Special Marriage Act, 1954, a second marriage during the subsistence of the first is void. Both parties, being advocates, were aware of this legal impediment.

Section 5(i), Hindu Marriage Act, 1955Section 4(i), Special Marriage Act, 1954
3

No false promise at inception -- only a relationship that soured

The appellant argued that there was no initial deception or fraudulent intention to marry from the outset. The relationship developed naturally and later deteriorated due to disagreements. A breach of promise to marry, even if one was made, does not amount to rape. The false promise must exist from inception with the sole intention of obtaining sexual consent.

4

Prosecution constitutes misuse of criminal law and abuse of process

The appellant submitted that the FIR was a classic case of weaponising rape provisions to settle personal scores after a failed relationship. The prosecution trivialises genuine cases of sexual assault and constitutes an abuse of the criminal process deserving quashing.

State of Haryana v. Bhajan Lal (1992) Supp (1) SCC 335

Respondent

State of Haryana

1

Accused deceived the complainant with false promise of marriage

The State and complainant argued that the appellant fraudulently induced the complainant into sexual relations by making repeated promises of marriage that he never intended to fulfil. The promise of marriage was the sole reason the complainant consented to the physical relationship.

2

Repeated sexual acts under Section 376(2)(n) IPC constitute aggravated rape

The prosecution contended that the repeated nature of the sexual acts, allegedly procured through a continuing deception about marriage, brought the case squarely within Section 376(2)(n) IPC, which deals with aggravated sexual assault involving repeated acts under coercion or exploitation.

Section 376(2)(n), Indian Penal Code, 1860
3

Forced abortion demonstrates exploitation and lack of genuine consent

The prosecution relied on the allegation that the appellant forced the complainant to take abortion-inducing tablets when she became pregnant, arguing this demonstrated the exploitative nature of the relationship and the absence of genuine consent.

4

High Court rightly held that consent issues require trial

The State argued that the Chhattisgarh High Court correctly refused to quash the FIR, as the question of whether consent was vitiated by a false promise of marriage is a factual question that can only be determined after a full trial.

Court's Analysis

How the Court reasoned its decision

The Supreme Court conducted a thorough analysis of the facts and legal framework surrounding prosecution for rape based on false promise of marriage. The Court drew a critical distinction between a "false promise" (where the accused never intended to marry from the outset) and a "breach of promise" (where a genuine relationship deteriorates). Examining the complainant's own allegations, the Court found a fundamental logical inconsistency: a woman who disclosed her existing marriage from the beginning cannot simultaneously claim she was deceived about marriage prospects. The Court emphasised that under the Hindu Marriage Act and Special Marriage Act, bigamy is prohibited, making any marriage promise legally impossible to perform. The Court noted that the complainant was a practising advocate, fully aware of the legal bar on remarriage during subsistence of her first marriage. Invoking the principle from Samadhan v. State of Maharashtra that failed relationships should not be criminalised, the Court found that the prosecution was a classic case of a consensual relationship turning acrimonious and being given the colour of criminality. The Court cautioned that trivialising serious sexual assault provisions causes grave injustice and must be condemned.

A consensual relationship between adults cannot be criminalised as rape merely because it ends without marriage.

Core holding that protects adults' right to voluntary intimate relationships from criminal prosecution based solely on relationship breakdowns.

Both facts cannot stand together on same plane and simultaneously as antagonistic and antithetical.

The Court identified the logical impossibility of disclosing an existing marriage while simultaneously claiming deception about marriage prospects. This reasoning establishes that self-contradictory allegations cannot sustain a prosecution.

Even assuming a promise of marriage was made, such promise could not be legally acted upon.

Establishes the legal impossibility doctrine: where marriage is prohibited by law (bigamy), a promise of marriage cannot form the basis for vitiating consent under rape provisions.

Failed or broken relationships are given colour of criminality.

The Court identified and condemned the concerning trend of using rape provisions as a tool for settling personal scores after relationship breakdowns, cautioning that this trivialises genuine cases of sexual violence.

The law must protect women from sexual fraud, but it must not be used as a tool for revenge.

Balances the protective purpose of rape laws with the need to prevent their weaponisation, affirming that criminal law must serve justice, not become an instrument of vendetta.

Allowed

The Verdict

Relief Granted

Complete quashing of the FIR, chargesheet, and all criminal proceedings. The appellant was freed from the allegation of rape under Section 376(2)(n) IPC, with the Court finding the prosecution to be an abuse of process arising from a consensual relationship that turned acrimonious.

Directions Issued

  • The impugned order dated 3 March 2025 of the Chhattisgarh High Court refusing to quash the FIR is set aside
  • FIR No. 213/2025 registered at Sarkanda Police Station, District Bilaspur under Section 376(2)(n) IPC is quashed
  • Chargesheet No. 269/2025 is quashed
  • All consequent proceedings in Sessions Case No. 89/2025 are quashed

Key Legal Principles Established

1

A consensual relationship between adults cannot be criminalised as rape merely because it does not culminate in marriage.

2

For rape based on false promise of marriage, the false promise must exist from the very inception with the sole intention of obtaining sexual consent.

3

A breach of promise to marry is distinct from a false promise of marriage; only the latter can vitiate consent under rape laws.

4

Where marriage is legally impossible (e.g., due to subsisting marriage and bigamy laws), a promise of marriage cannot form the basis for vitiating consent.

5

A person who discloses their existing marriage from the outset cannot simultaneously claim deception about marriage prospects -- these positions are antagonistic and antithetical.

6

Criminal law must remain a tool for justice, not vendetta. Misuse of rape provisions to criminalise failed relationships trivialises genuine sexual violence cases.

Key Takeaways

What different people should know from this case

  • If you are in a consensual relationship with another adult, the other person cannot convert the failed relationship into a rape case simply because you did not marry them.
  • For a rape charge based on false promise of marriage to succeed, the promise must have been fake from the very start -- a genuine relationship that later fails is not rape.
  • If you are already married, you generally cannot claim that someone deceived you with a promise of marriage, because such a marriage would be legally impossible under Indian law.
  • Both men and women should be aware that rape laws are meant to protect against genuine sexual violence, coercion, and fraud -- not to punish breakups or failed relationships.
  • If you are an advocate or legally trained professional, courts may take into account that you understood the legal implications of your actions and cannot claim naivety about legal impossibilities.

Watch & Learn

Video explanations in multiple languages

Frequently Asked Questions

This case involves the Supreme Court quashing an FIR filed by a married female advocate who accused another advocate of rape under Section 376(2)(n) IPC, alleging he made false promises of marriage. The Court held that a consensual relationship between adults cannot be criminalised as rape merely because it does not culminate in marriage, especially when the complainant was already married and any marriage was legally impossible.
Not every broken promise of marriage amounts to rape. The Supreme Court has clarified that for a rape charge based on false promise of marriage, the promise must have been made falsely from the very inception, with no genuine intention to marry, and the sole purpose of obtaining sexual consent. If a genuine relationship simply fails or breaks down over time, that is a breach of promise, not a false promise, and cannot be prosecuted as rape.
The Supreme Court held that it is very difficult to believe that a married person was induced into a sexual relationship by a false promise of marriage. Since Section 5(i) of the Hindu Marriage Act and Section 4(i) of the Special Marriage Act prohibit bigamy, any promise of marriage to a person whose first marriage subsists is legally impossible to fulfil. A person who discloses their existing marriage cannot simultaneously claim deception about marriage prospects.
A false promise of marriage is where the accused never intended to marry from the very beginning and made the promise solely to obtain sexual consent through deception. A breach of promise is where the accused genuinely intended to marry initially but later changed their mind or the relationship broke down. Only a false promise (not a breach of promise) can vitiate consent and support a rape prosecution.
Section 376(2)(n) of the Indian Penal Code deals with repeated rape of the same woman and prescribes enhanced punishment. It applies when a person commits rape repeatedly on the same woman through coercion, exploitation, or continuing deception. The Supreme Court held in this case that it does not apply to voluntary, consensual relationships between adults that later deteriorate.
The Supreme Court has repeatedly cautioned against the misuse of rape laws to criminalise failed relationships. In this case, the Court observed that converting soured relationships into rape offences trivialises the seriousness of genuine sexual violence and causes grave injustice. Courts have the power to quash such proceedings to prevent abuse of the criminal process.

DISCLAIMER: This case summary is for educational and informational purposes only. It does not constitute legal advice. For advice on your specific situation, please consult a qualified advocate. JurisOptima is not responsible for any actions taken based on this information.

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