The appeal challenges a High Court of Judicature at Madras decision that rejected an application made under Section 482 of the Code of Criminal Procedure (Cr.P.C.). At the core of the case are allegations of rape and cheating concerning a sexual relationship between the appellant and the complainant, with the central dispute revolving around whether consent was obtained through a false promise of marriage or coercion. The court ultimately quashes the criminal proceedings, finding them to be an abuse of legal process and determining that the sexual relationship was not without the victim’s consent given the admitted relationship dynamics and repeated willing encounters. The judgment, thereby allows the appeal.
Criminal Procedure Code, 1973, Section 482 – Quashing of FIR – Rape – Offence u/s 376 IPC -Victim and the accused were aged about 22 years, were close relatives and the complaint given by the victim clearly indicates that the accused obtained a forced consent from her by giving a promise to marry her – Held that there is no promise of marriage to coerce consent from the victim for sexual intercourse; as forthcoming from the statements made by the victim – The promise if any was after the first physical intercourse and even later the allegation was forceful intercourse without any consent – On a reading of the statements made by the victim before the Police, both the First Information Statement and that recorded later on, not convinced that the sexual relationship admitted by both the parties was without the consent of the victim – That they were closely related and were in a relationship is admitted by the victim – The allegation is also of threat and coercion against the victim, to have sexual intercourse with the accused, which even as per the victim’s statement was repeated thrice in the same manner, when she willingly accompanied the accused to a hotel room – The victim had also categorically stated that after the first incident and the second incident she was mentally upset, but that did not caution her from again accompanying the accused to hotel rooms – Held that the criminal proceedings initiated against the present appellant are nothing but an abuse of process of the court – This is precisely a case where the High Court should have interfered in exercise of its inherent and extraordinary powers under Section 482 of the Cr.P.C. – These proceedings cannot go on – Proceedings initiated at the instance of the complainant which are presently going on before Sessions Judge (Mahila Court) directed to be quashed.
(Para 11 to 13)
Jothi Ragawan V. State Rep. By The Inspector Of Police & Anr.
Supreme Court: 2025 INSC 386: (DoJ 24-03-2025)
