Samadhan v. State of Maharashtra
“Every Sour Relationship Cannot Be Branded as Rape”
TL;DR
The Supreme Court quashed an FIR and chargesheet against an advocate accused of rape under Sections 376, 376(2)(n) and 507 IPC, holding that the complainant and the accused were in a prolonged consensual relationship for three years. The Court found that physical intimacy during a functioning voluntary relationship cannot be retrospectively branded as rape merely because the relationship failed to culminate in marriage. The Court emphasized that converting every sour relationship into a criminal offence trivialises genuine sexual violence and inflicts grave injustice upon the accused.
The Bottom Line
A consensual sexual relationship that ends badly does not automatically become rape. For a false promise of marriage to vitiate consent, it must be shown that the promise was made from the very beginning with a dishonest intention to deceive. Courts will look at the overall conduct of both parties, the duration of the relationship, whether complaints were filed during the relationship, and whether the woman acted voluntarily throughout. Misusing criminal law to settle personal disputes is an abuse of court machinery.
Case Timeline
The journey from FIR to Supreme Court verdict
Respondent No. 2 Married
Respondent No. 2 married "ABC" in 2019 and had a minor daughter from the marriage.
Respondent No. 2 Married
Respondent No. 2 married "ABC" in 2019 and had a minor daughter from the marriage.
Marital Discord and Separation
Marital discord arose between respondent and her husband around May 2020. She separated and returned to her parents' home in Rajangaon.
Marital Discord and Separation
Marital discord arose between respondent and her husband around May 2020. She separated and returned to her parents' home in Rajangaon.
Grievance Filed at Women's Redressal Centre
Respondent filed a grievance at the Women's Grievance Redressal Centre and subsequently initiated maintenance proceedings against her husband.
Grievance Filed at Women's Redressal Centre
Respondent filed a grievance at the Women's Grievance Redressal Centre and subsequently initiated maintenance proceedings against her husband.
Introduction to Appellant Advocate
Respondent was introduced to the appellant, a practicing advocate, during her maintenance proceedings. They exchanged contact details and began regular communication.
Introduction to Appellant Advocate
Respondent was introduced to the appellant, a practicing advocate, during her maintenance proceedings. They exchanged contact details and began regular communication.
First Alleged Physical Relationship
Appellant summoned respondent to Hotel Citizen near Mill Corner, reiterated his marriage proposal, and the first physical relationship allegedly took place based on his marriage assurance.
First Alleged Physical Relationship
Appellant summoned respondent to Hotel Citizen near Mill Corner, reiterated his marriage proposal, and the first physical relationship allegedly took place based on his marriage assurance.
First Pregnancy and Abortion
Respondent discovered she was pregnant. The pregnancy was terminated, allegedly at the appellant's insistence.
First Pregnancy and Abortion
Respondent discovered she was pregnant. The pregnancy was terminated, allegedly at the appellant's insistence.
Second Pregnancy and Abortion
Respondent became pregnant a second time. This pregnancy was also terminated.
Second Pregnancy and Abortion
Respondent became pregnant a second time. This pregnancy was also terminated.
Final Meeting and Alleged Threat
Final incident at Hotel Citizen where the appellant allegedly refused marriage and threatened the respondent with death if she disclosed the relationship.
Final Meeting and Alleged Threat
Final incident at Hotel Citizen where the appellant allegedly refused marriage and threatened the respondent with death if she disclosed the relationship.
Third Pregnancy and Abortion
Respondent became pregnant a third time. This pregnancy was also terminated.
Third Pregnancy and Abortion
Respondent became pregnant a third time. This pregnancy was also terminated.
FIR Registered
FIR No. 294 of 2024 was registered at City Chowk Police Station under Sections 376, 376(2)(n) and 507 IPC, approximately three months after the last alleged incident.
FIR Registered
FIR No. 294 of 2024 was registered at City Chowk Police Station under Sections 376, 376(2)(n) and 507 IPC, approximately three months after the last alleged incident.
Anticipatory Bail Granted
The Additional Sessions Judge, Aurangabad granted anticipatory bail to the appellant in Criminal Bail Application No. 1841 of 2024.
Anticipatory Bail Granted
The Additional Sessions Judge, Aurangabad granted anticipatory bail to the appellant in Criminal Bail Application No. 1841 of 2024.
Chargesheet Filed
Chargesheet No. 143 of 2024 filed under Sections 376, 376(2)(n) and 507 IPC in the Court of the 3rd Judicial Magistrate First Class, Aurangabad.
Chargesheet Filed
Chargesheet No. 143 of 2024 filed under Sections 376, 376(2)(n) and 507 IPC in the Court of the 3rd Judicial Magistrate First Class, Aurangabad.
Bombay High Court Dismissed Quashing Application
The Bombay High Court at Aurangabad dismissed the Section 528 BNSS quashing application (Criminal Application No. 601 of 2025), holding that the matter warranted trial.
Bombay High Court Dismissed Quashing Application
The Bombay High Court at Aurangabad dismissed the Section 528 BNSS quashing application (Criminal Application No. 601 of 2025), holding that the matter warranted trial.
Supreme Court Quashes FIR and Chargesheet
The Supreme Court allowed the appeal, set aside the High Court order, and quashed the FIR and chargesheet, holding the relationship was consensual.
Supreme Court Quashes FIR and Chargesheet
The Supreme Court allowed the appeal, set aside the High Court order, and quashed the FIR and chargesheet, holding the relationship was consensual.
The Story
Respondent No. 2 was a married woman who had married one "ABC" in 2019 and had a minor daughter. Marital discord arose around May 2020, leading to her separation and return to her parents' home in Rajangaon, Taluka Paithan, District Chhatrapati Sambhajinagar.
In July 2020, she filed a grievance at the Women's Grievance Redressal Centre and subsequently initiated maintenance proceedings against her husband. On 27 January 2022, she was introduced to the appellant, Samadhan, a practicing advocate, during these maintenance proceedings. They exchanged contact details and began regular communication over WhatsApp and phone calls, developing a close emotional relationship.
The appellant proposed marriage to the respondent at Vivekananda Garden (TV Centre). The respondent initially declined, citing her troubled marital history. However, the appellant persisted with his marriage proposals. On 12 March 2022, the appellant summoned the respondent to Hotel Citizen near Mill Corner, Chhatrapati Sambhajinagar, where he reiterated his marriage proposal and assured her of acceptance despite concerns about his mother's approval. The respondent allegedly consented to physical relations based on this assurance.
The relationship continued for over two years. During this period, the respondent became pregnant three times -- in September 2022, July 2023, and May 2024 -- and each pregnancy was terminated. The respondent claimed these abortions were at the appellant's insistence. On 20 May 2024, the final incident occurred at Hotel Citizen, where the appellant allegedly refused her marriage demand and threatened to kill her if she disclosed the relationship.
On 31 August 2024, the respondent filed FIR No. 294 of 2024 at City Chowk Police Station, District Chhatrapati Sambhajinagar, for offences under Sections 376, 376(2)(n) and 507 IPC. On 25 October 2024, Chargesheet No. 143 of 2024 was filed. The appellant sought anticipatory bail, which was granted by the Additional Sessions Judge, Aurangabad on 19 September 2024. The appellant then filed a quashing application under Section 528 BNSS before the Bombay High Court at Aurangabad, which was dismissed on 6 March 2025, leading to this appeal before the Supreme Court.
Legal Issues
Click each question to reveal the Supreme Court's answer
Arguments
The battle of arguments before the Supreme Court
Petitioner
Vihaan Kumar
The case is a false implication arising from a failed consensual relationship
The appellant contended that the respondent was an educated, married woman whose first marriage was still subsisting. They were in a voluntary, consensual relationship for three years during which no complaint was ever filed. The FIR was lodged only after the appellant refused a demand of Rs. 1,50,000, making it a clear case of a failed relationship being retrospectively criminalised.
The complainant herself opposed marriage proposals
The appellant pointed out that the complainant herself had explicitly refused his marriage proposals, telling him "You live your life and I will live my life." Despite this, she continued to voluntarily meet him and engage in physical relations, which completely negates the claim that consent was given solely on the promise of marriage.
No evidence of coercion, force, or deceit
The appellant argued that the FIR itself was conspicuously silent on any allegation that he had forcibly taken or compelled the respondent to accompany him to the hotel or that there was any element of deceit or inducement. She voluntarily met him on every occasion.
Complainant's marriage was subsisting during the entire relationship
The appellant highlighted that no divorce decree existed between the respondent and her first husband, meaning she was legally married throughout the relationship. This undercuts the narrative that she was induced into a physical relationship based on a promise of marriage.
Delayed filing of FIR indicates malicious intent
The incidents allegedly occurred from March 2022 to May 2024, but the FIR was filed on 31 August 2024 -- nearly three months after the last alleged incident. The appellant contended the complaint was filed only after he refused to pay Rs. 1,50,000 demanded by the respondent.
Respondent
State of Haryana
The allegations disclose a cognizable offence warranting trial
The State argued that the allegations in the FIR disclose cognizable offences under Sections 376, 376(2)(n), and 507 IPC. The matter warranted a full trial to test the credibility of allegations, and should not be quashed at the threshold.
Fiduciary relationship between advocate and client was exploited
The respondent contended that a fiduciary relationship existed between the appellant (who was an advocate) and the complainant (who was consulting him for her maintenance proceedings). This advocate-client dynamic created a position of trust that was exploited for physical relations.
Chargesheet filed and matter ready for trial
The State pointed out that after investigation, a chargesheet had already been filed and the matter was ready for trial. The veracity of the defence claims about consensuality should be tested during trial, not in a quashing proceeding.
Determination of consent is a matter for trial
The respondent argued that whether the acts occurred against the complainant's will and whether the promise of marriage was false from inception are factual questions that can only be determined after a full trial with evidence and cross-examination.
Court's Analysis
How the Court reasoned its decision
The Supreme Court conducted a thorough analysis of the facts as disclosed in the FIR itself and found that the relationship between the parties was plainly consensual. The Court examined the three-year duration of the relationship, the voluntary conduct of the respondent in meeting the appellant whenever he desired, the fact that her own marriage was subsisting, her explicit rejection of his marriage proposals, and the absence of any contemporaneous complaint. The Court distinguished between genuine cases of rape through false promise of marriage -- where the promise is dishonest from inception and forms the sole basis for consent -- and cases where a voluntary relationship simply fails. Applying the principles from Mahesh Damu Khare, Deepak Gulati, Prashant, and Rajnish Singh, the Court held that Section 376(2)(n) IPC was inapplicable as this was not a case of repeated sexual assault under coercion but a consensual relationship that turned acrimonious. The Court set aside the High Court's reasoning that the appellant had failed to expressly plead consensuality, holding that the consensual nature was plainly evident from the FIR itself. The Court also expressed concern about the misuse of criminal law to settle personal disputes, noting that such misuse trivialises genuine sexual violence.
Physical intimacy that occurred during the course of a functioning relationship cannot be retrospectively branded as instances of the offence of rape merely because the relationship failed to culminate in marriage.
The central principle of the judgment -- a clear statement that the failure of a consensual relationship to result in marriage does not retroactively criminalise the physical intimacy that occurred during the relationship.
The offence of rape, being of the gravest kind, must be invoked only in cases where there exists genuine sexual violence, coercion, or absence of free consent. To convert every sour relationship into an offence of rape not only trivialises the seriousness of the offence but also inflicts upon the accused indelible stigma and grave injustice.
A strong admonition against the misuse of rape laws to criminalise failed relationships, emphasising the dual harm: trivialising genuine rape victims and causing injustice to the falsely accused.
For a promise of marriage to amount to misconception of fact within the meaning of Section 90 IPC, it must have been made from the very beginning with the intention to deceive the woman to persuade her to have a physical relationship.
Sets the legal standard for the false promise of marriage doctrine -- the dishonest intent must exist from inception, not arise later due to changed circumstances.
The acts complained of in the present case occurred within the contours of a relationship that was, at the time, voluntary and willing. The continuation of the prosecution in such facts would be nothing short of an abuse of the court machinery.
The Court's definitive finding that continuing prosecution in this case would constitute an abuse of process, justifying the quashing of the FIR and chargesheet.
A woman may have reasons for physical relationship other than the promise of marriage -- personal liking without insisting on formal marital ties. Unless it is shown that the relationship was purely because of the promise of marriage, thereby having a direct nexus without being influenced by other considerations, it cannot be said there was a vitiation of consent.
Acknowledges the agency of women in entering physical relationships for reasons beyond marriage promises, and establishes the requirement of a direct nexus between the promise and the consent.
The law must remain sensitive to genuine cases where trust has been breached and dignity violated, lest the protective scope of Section 376 of IPC be reduced to a mere formality for those truly aggrieved.
A balancing observation ensuring that while misuse is condemned, the Court reaffirms the importance of protecting genuine victims of sexual violence through false promises.
The Verdict
Relief Granted
Complete quashing of FIR and chargesheet. The appellant-advocate was relieved of all criminal proceedings under Sections 376, 376(2)(n) and 507 IPC, with the Supreme Court holding that the prosecution was an abuse of court machinery arising from a consensual relationship.
Directions Issued
- The judgment and order of the Bombay High Court (Aurangabad Bench) dated 6 March 2025 in Criminal Application No. 601 of 2025 is set aside
- FIR No. 294 of 2024 dated 31 August 2024 registered at City Chowk Police Station, District Chhatrapati Sambhajinagar under Sections 376, 376(2)(n) and 507 IPC is quashed
- Chargesheet No. 143 of 2024 dated 25 October 2024 filed in the Court of the 3rd Judicial Magistrate First Class, Aurangabad is quashed
- Ms. Radhika Gautham, Amicus Curiae, awarded an honorarium of Rs. 15,000
Key Legal Principles Established
Physical intimacy during a functioning, voluntary relationship cannot be retrospectively branded as rape merely because the relationship failed to culminate in marriage.
For a false promise of marriage to vitiate consent under Section 90 IPC, it must have been made from the very beginning with a dishonest intention to deceive; a mere breach of promise is distinct from a false promise.
Section 376(2)(n) IPC (repeated rape on the same woman) applies only to aggravated instances involving fear, pressure, captivity, or continued deceit -- not to consensual relationships that later turn acrimonious.
The physical relationship must be directly traceable to the false promise of marriage without qualification by other circumstances such as personal liking or emotional attachment.
Courts examining quashing applications must assess the substance and factual matrix of the allegations, not dismiss applications merely for the absence of a specific pleading when the facts clearly establish the defence.
Misuse of criminal law to settle personal disputes or criminalise failed relationships trivialises genuine sexual violence and constitutes an abuse of the court machinery.
Key Takeaways
What different people should know from this case
- A consensual sexual relationship that ends badly is not automatically rape. If both parties voluntarily engaged in a physical relationship, the failure of the relationship does not make it a criminal offence.
- For a rape charge based on "false promise of marriage" to succeed, it must be proven that the man never intended to marry from the very start and used the promise solely to deceive the woman into a physical relationship.
- If you are in a long-term voluntary relationship and no complaints are filed during that time, a later complaint after the relationship breaks down may be viewed with scepticism by courts.
- The duration and nature of the relationship matters -- courts will examine whether the conduct of both parties indicates a genuine, voluntary relationship or one based on deception.
- Courts are concerned about the misuse of rape laws to settle personal disputes and will quash cases where the criminal justice system is being used as a tool for personal vendetta.
Legal Framework
Applicable laws and provisions
Statutory Provisions
Section 375
Indian Penal Code, 1860
“A man is said to commit "rape" who has sexual intercourse with a woman under circumstances falling under any of the descriptions enumerated, including where consent was given by reason of misconception of fact.”
Relevance: The foundational provision defining rape. The Court examined whether the complainant's consent was vitiated by a "misconception of fact" (false promise of marriage) and concluded it was not.
Section 376
Indian Penal Code, 1860
“Whoever commits rape shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life.”
Relevance: The primary charge against the appellant. The Court quashed proceedings under this section after finding the relationship was consensual.
Section 376(2)(n)
Indian Penal Code, 1860
“Whoever commits rape repeatedly on the same woman shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life.”
Relevance: The aggravated rape charge. The Court held this provision addresses repeated sexual assault under fear, pressure, or captivity, not consensual relations in an ongoing voluntary relationship.
Section 90
Indian Penal Code, 1860
“A consent is not such a consent as is intended by any section of this Code, if the consent is given by a person under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such misconception.”
Relevance: Central to the "false promise of marriage" doctrine. The Court held that for Section 90 to apply, the false promise must have been made from inception with dishonest intent.
Section 507
Indian Penal Code, 1860
“Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment which may extend to two years.”
Relevance: The charge of criminal intimidation against the appellant for allegedly threatening to kill the respondent. This charge was also quashed along with the other charges.
Section 528
Bharatiya Nagarik Suraksha Sanhita, 2023
“Nothing in this Sanhita shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”
Relevance: The provision under which the appellant filed the quashing application before the Bombay High Court (equivalent to Section 482 CrPC). The Supreme Court exercised jurisdiction to set aside the High Court's refusal to quash.
Related Cases & Precedents
Mahesh Damu Khare v. State of Maharashtra
followed(2024) 11 SCC 398
Established that for a man to be held criminally liable for a sexual relationship through false promise of marriage, the physical relationship must be directly traceable to the false promise, and a woman may have reasons for a physical relationship other than the promise of marriage.
Deepak Gulati v. State of Haryana
followed(2013) 7 SCC 675
Distinguished between "breach of promise" and "false promise" of marriage. Held that consent is an act of reason accompanied by deliberation, and a person who could not marry due to unavoidable circumstances cannot be held guilty of rape.
Prashant v. State of NCT of Delhi
followed(2025) 5 SCC 764
Held that a mere break-up of a relationship between consenting adults cannot result in initiation of criminal proceedings, and continuation of prosecution in such cases amounts to gross abuse of process of law.
Rajnish Singh v. State of Uttar Pradesh
followed(2025) 4 SCC 197
Held that a woman who willingly engages in a long-term sexual relationship, fully aware of its nature and without cogent evidence showing it was induced by misconception of fact or false promise made in bad faith from inception, cannot attribute rape to the man.
State of Haryana v. Bhajan Lal
cited1992 Supp (1) SCC 335
Laid down the parameters for exercise of inherent jurisdiction under Section 482 CrPC (now Section 528 BNSS) for quashing criminal proceedings, including where allegations on face value do not constitute a cognizable offence.
Ganga Singh v. State of Madhya Pradesh
distinguished(2013) 7 SCC 278
Held that the defence of consent requires explicit pleading. The Supreme Court distinguished this, holding that when consensuality is plainly evident from the FIR itself, the absence of express pleading cannot defeat the defence.
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