LexMS. X versus MR. A AND OTHERS
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* Author [2024] 3 S.C.R. 947 : 2024 INSC 216 Ms. X v. Mr. A and Others (Criminal Appeal No. 1661 of 2024) 18 March 2024 [B.R. Gavai,* Rajesh Bindal and Sandeep Mehta, JJ.] Issue for Consideration Whether the High Court erred in quashing the criminal proceedings by exercising the powers under Section 482 of Cr.P.C in a complaint alleging offences under Sections 354D, 376(2)(n), 504 and 506 read with 34 of the Penal Code, 1860 and Sections 3(1)(r), 3(1) (s), 3(1)(w)(i), 3(2)(v) and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Headnotes Crime Against Women – Sexual intercourse based on promise of marriage – The Appellant-prosecutrix believed that the accused would marry her leading her to consent to establishing a sexual relationship with the accused – Subsequent pregnancy of the Appellant –Termination of pregnancy at the instance of the accused – Refusal of the appellant to marry the Appellant [Paras 3 - 3.4] Crime Against Women – Narrative given by the prosecutrix in initial statement qua the abortion undergone – Changed substantially in the restatement – Version of events as given by the prosecutrix in the FIR totally contrary to the restatement [Paras 9, 15]. Crime Against Women – Sexual intercourse based on promise of marriage – Consideration of material on record by the High Court – The High Court referred to pertinent documents including the original complaint, restatement, medical reports of the prosecutrix and the statement of the doctor while quashing the proceedings [Para 8]. Panel Code, 1860 – s.375 – Legal concept of “consent” in relation to Section 375, IPC – Engagement in sexual activity based on a false promise to marry – Propositions to be established – For the promise to marry to be false, it ought 948 [2024] 3 S.C.R. Digital Supreme Court Reports to be given in bad faith per se and must also bear a direct nexus to the woman’s decision to engage in the sexual act [Para 11]. Code of Criminal Procedure 1973 – s.482 – Guidelines for exercise of powers under Section 482 of Cr.P.C – Power to be exercised to prevent abuse of the process of any court or to secure the ends of justice – Categories of cases illustrated – Powers under Section 482 of Cr.P.C should be exercised only in exceptional cases where there is no sufficient ground for proceeding against the accused [Paras 17-18]. Code of Criminal Procedure 1973 – s.482 – Quashing of Proceedings under – The High Court quashed the proceedings under IPC and the SC/ST Act citing insufficiency of evidence and material contradictions in the statements of the prosecutrix – Allegations in FIR and in the restatement of the prosecutrix do not prima facie indicate a false promise to marry by the accused – No infirmity in the approach adopted by the High Court – Appeal dismissed [Paras 15-19]. Held: Relying on Shambhu Kharwar v. State of Uttar Pradesh and Another, [2022] 7 SCR 156, wherein on similar facts the court came to the finding that the relationship between the parties was purely of a consensual nature. Present case would squarely fall under the guidelines given by this court in State of Haryana and Others v. Bhajan Lal and Others, [1992] Supp. 3 SCR 735, for exercising of powers under Section 482, CrPC - In the present case, even if the allegations made in the FIR and the material on which the prosecution relies, are taken at its face value, there were no sufficient grounds for proceeding against the accused [Paras 11, 15- 19] Case Law Cited Shambhu Kharwar v. State of Uttar Pradesh and Another, [2022] 7 SCR 156 : 2022 SCC OnLine SC 1032; Pramod Suryabhan Pawar v. State of Maharashtra and Another, [2019] 11 SCR 423 : (2019) 9 SCC 608; State of Haryana and Others v. Bhajan Lal and Others, [1992] Supp. 3 SCR 735 : (1992) Supp (1) 335 – relied on. Dr. Dhruvaram Murlidhar Sonar v. State of Maharashtra and Others, [2018] 13 SCR 920 : (2019) 18 SCC 191 – referred to. [2024] 3 S.C.R. 949 Ms. X v. Mr. A and Others List of Acts Penal Code, 1860; The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; Code of Criminal Procedure, 1973. List of Keywords False promise of marriage; Consent; Sexual relationship; Forced abortion; Quashing of proceedings; Mini trial; Abuse of process of law; Miscarriage of justice. Case Arising From CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.1661 of 2024 From the Judgment and Order dated 03.09.2
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