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Supreme Court of India 2021-03-01 allowed

Sonu @ Subhash Kumar vs State of Uttar Pradesh & Anr

Bench: 2 — Dhananjaya Y Chandrachud, M R Shah

In Brief

A man and woman had a consensual relationship with a genuine promise to marry. After 1.5 years and physical intimacy, the man refused to marry and the woman filed an FIR under Section 376 IPC (rape). The Supreme Court held that to vitiate consent, a promise to marry must be false and made in bad faith with no intention to honour it at inception. A subsequent breach of a genuine promise does not constitute a false promise or establish the offence. The Court allowed the appeal, quashed the charge sheet, and held the High Court erred in declining to quash proceedings under Section 482 CrPC.

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Criminal Law Sexual Offences Rape and Consent Promise to Marry Code of Criminal Procedure Quashing of Proceedings

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