Supreme Court Allows Man's Plea To Quash Case Of Rape On Promise Of Marriage

Last Updated:October 27, 2025, 23:49 IST

The appellant had sought anticipatory bail from the Kerala High Court, which dismissed the application, noting that the allegation of rape required custodial interrogation

The SC initially protected the man from coercive action related to the FIR registered on May 24, 2022. (Image: PTI/File)

The Supreme Court has allowed a man’s plea against the Kerala High Court’s order dismissing his petition to quash a criminal case against him on a woman’s complaint of rape on the pretext of marriage and cheating her out of money and gold.

A bench of Justices BV Nagarathna and R Mahadevan initially protected the man from coercive action related to the FIR registered on May 24, 2022, at Balussery police station in Kozhikode. The court later granted liberty for the parties to reach an amicable settlement.

On July 21, 2025, the appellant expressed his willingness to return the money and gold ornaments to settle the dispute. The complainant said she had married a man called Najeeb on December 5, 2010, with whom she had two children.

She said she and her husband had been living separately for six years, with a divorce proceeding pending before the family court. She alleged that the appellant, who was helping her with the litigation, invited her to his house in December 2017, took her to his bedroom, and forcibly subjected her to sexual intercourse against her will.

The woman alleged that the accused took photographs of her and threatened to send them to her husband if she disclosed the incident. Additionally, she said in 2018, the accused had promised to marry her and committed sexual intercourse by inviting her to his friend’s house.

Relying on his promise to marry, she stayed with the accused several times at resorts in 2022. She alleged that the accused obtained Rs 3,54,000 and gold ornaments worth 2.5 sovereigns from her on different occasions and refused to return them when demanded.

The appellant sought anticipatory bail from the high court, which dismissed the application, noting that the allegation of rape required custodial interrogation. The court also dismissed the quashing petition, stressing that the allegations required investigation and, thus, interference in the FIR was not warranted at that stage.

On appeal, the man proposed on August 18, 2025, to deposit Rs 3,54,000 before the trial court within three weeks and agreed to return the gold ornaments to the complainant or her father with appropriate acknowledgment.

After hearing the counsel for the parties, the SC ordered that the Rs 3,54,000 deposited by the appellant before the trial court be permitted to be withdrawn by the second respondent (woman) or her nominee.

“If such an application is made on behalf of the second respondent, the same shall be released to the second respondent or her nominee after due verification," the court said.

Furthermore, the court ordered that the gold weighing 20.040 gm, which the appellant was willing to return, be deposited before the registrar general of the Kerala HC, who would release it to the second respondent or her nominee after due verification upon request.

Sanya Talwar

Sanya Talwar, Editor at Lawbeat, has been heading the organisation since its inception. After practising in courts for over four years, she discovered her affinity for legal journalism. She has worked previousl...Read More

Sanya Talwar, Editor at Lawbeat, has been heading the organisation since its inception. After practising in courts for over four years, she discovered her affinity for legal journalism. She has worked previousl...

Read More

News india Supreme Court Allows Man's Plea To Quash Case Of Rape On Promise Of Marriage

Read More