Supreme Court Quashes Rape and Cheating FIR in Long-Term Relationship Case

The Supreme Court of India, in a recent ruling in Mahesh Damu Khare v. State of Maharashtra & Anr., quashed an FIR against the appellant, who was accused of rape and cheating after a long-term relationship. The Court held that a consensual relationship spanning nearly a decade, followed by allegations of rape, did not meet the criteria for prosecution under Section 376 IPC. The ruling sets a precedent in cases where allegations of rape are made after the breakdown of long-standing consensual relationships.

Background of the Case

The case originated from a complaint filed by a woman against the appellant, Mahesh Damu Khare, under Sections 376 (rape), 420 (cheating), 504 (intentional insult), and 506 (criminal intimidation) of the Indian Penal Code. The complainant alleged that the appellant had engaged in sexual relations with her over several years under the false promise of marriage and later abandoned her.

The appellant contended that the relationship was consensual and that the allegations were an act of retaliation after he refused further financial support to the complainant. He sought quashing of the FIR, arguing that the case was a misuse of criminal law.

Supreme Court’s Observations

The Supreme Court made critical observations on the nature of consent, false promises of marriage, and the misuse of criminal law in long-term relationships. Key points included:

Sexual relations spanning over a decade cannot be categorized as rape if they were entered into willingly by both parties.
For a promise of marriage to constitute a misconception of fact under Section 90 IPC, it must be shown that the promise was false from the outset and was made with the intention to deceive.
The complainant had continued the relationship for years without any immediate protest or legal action, suggesting that it was consensual.
Financial disputes between the parties, rather than genuine allegations of coercion, appeared to be the root cause of the complaint.

The Court stated:
“There is a distinction between breach of promise and false promise. A breach of promise may arise from circumstances beyond one’s control, whereas a false promise is given with no intention of fulfillment from the beginning.”

Key Arguments by the Parties

Petitioner’s Arguments (Mahesh Damu Khare):

The complainant had willingly continued the relationship for nearly ten years.
There was no evidence to show that the appellant had promised marriage solely to deceive the complainant.
The complaint was filed only after financial assistance was discontinued, indicating ulterior motives.

Respondents’ Arguments (State of Maharashtra & Anr.):

The complainant had consented to the relationship under the belief that the appellant would marry her.
The delay in filing the FIR was due to the appellant avoiding the complainant and breaking his promise of marriage.
Consent obtained under false pretenses is not valid in law, and thus, the case should proceed to trial.

Supreme Court’s Final Judgment

The Supreme Court ruled in favor of the appellant, stating:

The allegations did not establish a prima facie case of rape under Section 376 IPC.
The long-term nature of the relationship contradicted the claim that the complainant’s consent was obtained under a false promise.
Financial disputes between the parties do not constitute an offense under Section 420 IPC (cheating).
Allowing the criminal case to proceed would be an abuse of the judicial process.
The FIR was quashed, and the complainant was advised to seek civil remedies if she had financial grievances.

The Court emphasized:
“Criminal law should not be weaponized to settle personal scores in failed relationships. Genuine cases of coercion must be distinguished from retrospective allegations made due to financial or emotional grievances.”

Impact and Significance

This judgment has far-reaching implications in cases involving allegations of rape after long-term relationships. Key takeaways include:

Courts must scrutinize claims of false promises of marriage to differentiate genuine cases from those arising due to personal disputes.
Consent given by an adult over an extended period is presumed to be voluntary unless clear evidence suggests otherwise.
Prosecuting individuals for breach of promise without proof of initial deception can lead to misuse of criminal law.
Cases involving financial disputes should be pursued through civil remedies rather than criminal charges.

Conclusion

The Supreme Court’s decision in this case reinforces the need for careful judicial scrutiny in rape cases based on false promises of marriage. By quashing the FIR, the Court has provided clarity on the distinction between consensual relationships and those where deception vitiates consent. The ruling ensures that criminal law is not misused in personal disputes while safeguarding genuine victims of sexual offenses.

Petitioner Name: Mahesh Damu Khare.
Respondent Name: State of Maharashtra & Anr..
Judgment By: Justice B.V. Nagarathna, Justice Nongmeikapam Kotiswar Singh.
Place Of Incident: Navi Mumbai, Maharashtra.
Judgment Date: 26-11-2024.

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