Breaking Supreme Court Legal Update
New Delhi · Friday, 31 July 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2024-11-26 allowed

MAHESH DAMU KHARE vs THE STATE OF MAHARASHTRA & ANR

Bench: 2 — B.V. Nagarathna, Nongmeikapam Kotiswar Singh

In Brief

The appellant, a social worker, was accused of rape (Section 376 IPC), cheating (Section 420 IPC), and criminal intimidation by a woman with whom he had maintained an approximately nine-year extramarital relationship while married to others. The woman claimed non-consensual sexual relations based on a false promise of marriage. The Supreme Court allowed the appeal to quash the FIR, holding that no prima facie case of rape was made out. The Court found the prolonged consensual relationship—maintained without protest, insistence on marriage, or early complaint—inconsistent with a false promise made from the outset. A mere breach of promise, after years of silence, cannot retroactively criminalize consensual conduct. Permitting such proceedings constituted abuse of process.

The lawyer headnote and full judgment text are available to registered users.

Criminal Law Rape and Sexual Offences False Promise of Marriage Consent and Misconception of Fact Abuse of Process Inherent Powers of High Court

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login