LexAMOL BHAGWAN NEHUL versus THE STATE OF MAHARASHTRA & ANR.
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[2025] 7 S.C.R. 150 : 2025 INSC 782 Amol Bhagwan Nehul v. The State of Maharashtra & Anr. (Criminal Appeal No. 2835 of 2025) 26 May 2025 [B.V. Nagarathna and Satish Chandra Sharma,* JJ.] Issue for Consideration Issue arose as regards the correctness of order passed by the High Court dismissing the petition whereby the appellant sought quashing of criminal case against him that the appellant forcibly had sexual intercourse with the complainant on false promise of marriage. Headnotes† Code of Criminal Procedure, 1973 – s.482 – Quashing of criminal case – Complainant alleged that the appellant forcibly had sexual intercourse with her on false promise of marriage – Complaint made and chargesheet filed against appellant u/ss.376, 376(2)(n), 504, 506 IPC – Appellant sought quashing of criminal case – High Court dismissed the petition – Correctness: Held: It does not appear from the record that the consent of the complainant was obtained against her will and merely on an assurance to marry – Narrative of complainant does not corroborate with her conduct – Consent of complainant as defined u/s.90 IPC also cannot be said to have been obtained under a misconception of fact – No material to substantiate “inducement or misrepresentation” on the part of appellant to secure consent for sexual relations without having any intention of fulfilling said promise – Criminal prosecution against the appellant is probably with an underlying motive and disgruntled state of mind – No reasonable possibility that complainant or any woman being married before and having a child of four years, would continue to be deceived by the appellant or maintain a prolonged association or physical relationship with an individual who has sexually assaulted and exploited her – Not a case where there was a false promise to marry to begin with – Consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of the * Author [2025] 7 S.C.R. 151 Amol Bhagwan Nehul v. The State of Maharashtra & Anr. State – Ingredients of the offence u/ss.376 (2)(n) or 506 IPC not established – Appellant is just 25 years of age, and has a lifetime ahead of him, thus, in the interest of justice, the proceedings quashed at this stage itself – Impugned judgment set aside – Penal Code, 1860 – ss.376, 376(2)(n), 504, 506. [Paras 8-12] Case Law Cited State of Haryana v. Bhajan Lal [1990] Supp. 3 SCR 259 : (1992) Supp. 1 SCC 335 – relied on. Naim Ahmed v. State (NCT) of Delhi [2023] 1 SCR 1061 : 2023 SCC Online SC 89 – referred to. List of Acts Code of Criminal Procedure, 1973; Penal Code, 1860. List of Keywords Quashing of criminal case; Forcible sexual intercourse on false assurance of marriage; Unnatural sex; Consent obtained under misconception of fact; Inducement or misrepresentation; Promise; Coercion or threat of injury; Criminal prosecution with underlying motive and disgruntled state of mind; Sexual assault; Invoking criminal machinery of State; Blotting identity of individual accused of heinous offence; Prevent abuse of process of law; Interest of justice. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 2835 of 2025 From the Judgment and Order dated 28.06.2024 of the High Court of Judicature at Bombay in CRWP No. 3181 of 2023 Appearances for Parties Advs. for the Appellant: Sandeep Sudhakar Deshmukh, Nishant Sharma, Ankur S. Savadikar. Advs. for the Respondents: Bharat Bagla, Siddharth Dharmadhikari, Aaditya Aniruddha Pande, Nar Hari Singh, Amit Balasaheb Thorat. 152 [2025] 7 S.C.R. Supreme Court Reports Judgment / Order of the Supreme Court Judgment Satish Chandra Sharma, J. 1. Leave granted. 2. This Appeal by special leave is directed against the Impugned Order dt. 28.06.2024 passed by the High Court of Judicature at Bombay in Crl. W.P. No. 3181 of 2023 whereby the Petition u/s 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking quashing of the Criminal Case C.R. No. 490/2023 dt. 31.07.2023 for offences punishable u/s 376, 376(2)(n), 377, 504 & 506 of the Indian Penal Code (hereinafter “IPC”) registered at Karad Taluka Police Station, Satara qua the Appellant was dismissed. Vide an amendment to the Petition, the Appellant also challenged the chargesheet filed on 26.09.2023 and the proceedings in RCC no. 378/2023 pending before the Additional Sessions Judge, Karad. 3. The Criminal Case C.R. No. 490/2023 dt. 31.07.2023 at Police Sta
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