RAVISH SINGH RANA versus STATE OF UTTARAKHAND & ANR.
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[2025] 4 S.C.R. 2722 : 2025 INSC 635 Ravish Singh Rana v. State of Uttarakhand & Anr. (Criminal Appeal No. 2438 of 2025) 28 April 2025 [Sanjay Karol and Manoj Misra, JJ.] Issue for Consideration Whether the High Court erred in dismissing the petition filed by the appellant for quashing of FIR and the consequential proceedings. Headnotesβ Bharatiya Nagarik Suraksha Sanhita, 2023 β s.528 β QuashingΒ β Parties were in a live-in relationship for over two years, living in a rented accommodation β Second respondent filed FIR against the appellant u/ss.376, 323, 504, 506, IPC alleging that he established physical relationship with her many times with a promise to marry however, later refused to marry β High Court dismissed the petition filed by the appellant for quashing of FIR β Interference with: Held: If two able-minded adults reside together as a live-in couple for more than a couple of years and cohabit with each other, a presumption arises that they voluntarily chose that kind of a relationship fully aware of its consequences β The relationship between the parties was for over two years β They not only admit of having physical relations with each other but also of living together in a rented accommodation as a live-in couple β FIR does not allege that physical relationship was established only because there was a promise of marriage β Besides, physical relationship continued for over two years without any complaint β The long- drawn relationship of the parties including the circumstance of their living together and cohabiting with each other, that too, in a separate rented accommodation, gives rise to a presumption that their relationship was based on a valid consent β Therefore, the allegation that such relationship was entered because there was a promise of marriage is rejected β Moreover, the settlement agreement executed between the parties stating that they love each other shows that they were in love β Thus, the appellant cannot be subjected to prosecution for the offence of rape on the ground [2025] 4 S.C.R. 2723 Ravish Singh Rana v. State of Uttarakhand & Anr. of refusal to marry β Impugned judgment set aside β FIR and the consequential proceedings quashed. [Paras 11, 14, 16, 17, 18] Live-in relationships β Long-drawn relationships, proliferation of β Duty of Courts β Stated. [Para 15] Case Law Cited Pramod Suryabhan Pawar v. State of Maharastra and Another [2019] 11 SCR 423 : (2019) 9 SCC 608; Deepak Gulati v. State of Haryana [2013] 6 SCR 544 : (2013) 7 SCC 675; Sonu @ Subash Kumar v. State of Uttar Pradesh & Another [2021] 2 SCR 137 : (2021) 18 SCC 517 β relied on. List of Acts Bharatiya Nagarik Suraksha Sanhita, 2023; Penal Code, 1860; Code of Criminal Procedure, 1973. List of Keywords Quashing; Live-in-relationships; Live-in couple; Long-drawn relationship; Living together; Rented accommodation; Implied consent; Valid consent; Cohabit; Voluntary physical relationship; Physical relationship established with a promise to marry; False promise of marriage; Mere breach of a promise not a false promise; Refusal to marry; Rape; Forcibly established physical relationship; Settlement agreement; FIR quashed. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 2438 of 2025 From the Judgment and Order dated 11.12.2024 of the High Court of Uttarakhand at Nainital in CRMA No. 922 of 2024 Appearances for Parties Advs. for the Appellant: Gautam Barnwal, Ajeet Kumar Yadav, Nishant Gill, Saksham Kumar, Aakash, Mukesh Kumar. Advs. for the Respondents: Ms. Vanshaja Shukla, Ajay Bahuguna, Siddhant Yadav, Garvesh Kabra, Ms. Pallavi Kumari. 2724 [2025] 4 S.C.R. Supreme Court Reports Judgment / Order of the Supreme Court Order 1. Leave granted. 2. This appeal impugns judgment and order of the High Court of Uttarakhand1, dated 11.12.2024, by which Criminal Misc. Application No. 922 of 2024 filed by the appellant for quashing FIR No. 482 of 2023 and proceedings arising therefrom, including the cognizance order dated 13.02.2024, has been dismissed. 3. Briefly stated the facts giving rise to the instant appeal are as follows: (i) The second respondent lodged a First Information Report2 at Police Station3 Khatima, District Udham Singh Nagar on 23.11.2023 against the appellant, inter-alia, alleging that on 06.02.2021, the informant got introduced to the appellant through Facebook; after introduction, they began a live-in relationship; during this period th
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