LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/xxxx-vs-state-of-madhya-pradesh-another-20240306/ · Printed 07 Nov 2026
Criminal · Reportable judgment

XXXX vs State of Madhya Pradesh & Another

Court
Supreme Court of India
Date
6 March 2024
Case No.
Criminal Appeal No. 3431 of 2023
Result
Allowed
Bench
C.T. Ravikumar, Rajesh Bindal
Citation
[2024] 3 S.C.R. 309 : 2024 INSC 181
Acts & Sections
IPC CrPC
Supreme Court Reports [2024] 3 S.C.R. 309 : 2024 INSC 181
Issue for consideration
High Court, if justified in dismissing the petition filed by the appellant u/s. 482 Cr.P.C. for quashing of FIR registered against him u/ss.

376 (2)(n) and 506 IPC.
Headnote

Penal Code, 1860 – ss. 376 (2)(n) and 506 – Punishment for committing rape repeatedly on the same woman – Punishment for Criminal intimidation – Complainant’s case against the appellant alleging rape on false pretext of marriage; and that the appellant assured that he would marry her and take care of her daughter if she divorced her husband – However, the appellant refused to marry – Registration of FIR u/ss. 376 (2)

(n) and 506 – Petition for quashing of FIR by the appellant – Dismissed by the High Court – Correctness :

Held: From the contents of the complaint, on the basis of which FIR was registered and the statement recorded by the complainant, it is evident that there was no promise to marry initially when the relations between the parties started – In any case, even on the dates when the complainant alleges that the parties had physical relations, she was already married – She falsely claimed that divorce from her earlier marriage took place in 2018 – However, the fact remains that decree of divorce was passed two years later – Complainant was a grown up lady about ten years elder to the appellant – She was matured and intelligent enough to understand the consequences of the moral and immoral acts for which she consented during subsistence of her earlier marriage – In fact, it was a case of betraying her husband – Furthermore, the prosecutrix admitted that even after the appellant shifted to other State for his job, he used to come and stay with the family and they were living as husband and wife – Also appellant’s stand that he had advanced loan to the prosecutrix which was not returned back – Thus, not a case where the prosecutrix had given her consent for sexual relationship with the appellant under misconception – Impugned order passed by the High Court set aside – FIR registered u/s. 376(2)(n) and 506 and all subsequent proceedings thereto quashed. [Paras 8, 9.1, 10]

Keywords: Rape of a woman on false pretext of marriage · Quashing of FIR · Consequences of the moral and immoral acts · Consent for sexual relationship under misconception

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Rajesh Bindal, J. 1. Judgment The appellant in the present case is aggrieved of the order1 passed by the High Court2 whereby a petition3 filed by him under Section 482 Cr.P.C. for quashing of FIR4 was dismissed. Order dated 01.08.2022 High Court of Madhya Pradesh at Jabalpur M.CR.C. No. 15992 of 2021 FIR No. 52 dated 11.12.2020 registered at P.S. Mahila Thana, Dist. Satna, (M.P.) under Sections 376(2)(n) and 506 IPC 2. Learned counsel for the appellant submitted that the FIR in the case in hand, which was got registered by respondent No.2/complainant is nothing else but an abuse of pro
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →