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Family LawSupreme Court of India

Amol Bhagwan Nehul v. The State of Maharashtra

Criminal Appeal · 2025 INSC 782Decided 26 May 2025
Crl.A. No.-002835-002835 - 2025 (arising out of SLP (Crl.) No. 10044 of 2024)
Mrs. Justice B.V. Nagarathna · Justice Satish Chandra Sharma

Background

A woman filed an FIR alleging that a much younger man (a 23-year-old agriculture student who was her tenant-neighbour) had repeated sexual relations with her over about 13 months on a false promise of marriage, after she obtained a "Khulanama" (divorce) from her first husband. The Bombay High Court had refused to quash the FIR and chargesheet, and the accused appealed to the Supreme Court seeking quashing under Section 482 of the CrPC.

Decision Breakdown

The Supreme Court quashed the FIR, chargesheet and all proceedings, and discharged the accused. It found the complainant's own conduct (a prolonged, continuing, evidently consensual relationship spanning over a year with repeated meetings) was inconsistent with her claim that consent was obtained only through a false promise of marriage; it also noted she was still legally married to her first husband when the relationship began, making any promise of marriage by the accused legally unenforceable from the outset, and found no evidence of coercion or threat. Applying the Supreme Court's own guidelines from State of Haryana v. Bhajan Lal on when courts may quash criminal proceedings to prevent abuse of process, the bench held this was a case of a consensual relationship turning sour rather than a genuine false promise to marry, and reiterated its earlier warnings against treating every failed relationship as an offence under Section 376 IPC.

Lesson Learnt

Not every broken relationship or failed promise of marriage amounts to the criminal offence of rape; courts will examine whether consent was genuinely obtained by deception from the outset, and can quash such prosecutions at the threshold where continuing them would amount to misuse of the criminal process.

Amol Bhagwan Nehul v. The State of Maharashtra – Legal Case Shots | LegalAware