Supreme Court Quashes Rape Charges Based on Promise to Marry: Reiterates Importance of “Consensual Relationship” Test

SC on Rape Allegations Based on Promise to Marry
SC on Rape Allegations Based on Promise to Marry

In a significant ruling, the Hon’ble Supreme Court in Biswajyoti Chatterjee v. State of West Bengal (2025 SCC OnLine SC 741), quashed criminal proceedings against a retired judicial officer accused of rape under the pretext of marriage. The Court emphasized the difference between a consensual relationship and one induced by fraud or coercion.

A retired judge was accused of rape under a false promise of marriage.
A retired judge was accused of rape under a false promise of marriage.

Background

The appellant, a retired Civil Judge, was in a relationship with the complainant—a woman undergoing divorce proceedings—who alleged that he established a sexual relationship with her on the promise of marriage. She filed an FIR under Sections 376, 417, and 506 IPC.

The trial court and the Calcutta High Court rejected the appellant’s application for discharge under Section 227 CrPC. The Supreme Court, however, allowed the appeal.

Key Observations

  1. Consensual Relationship with Awareness:
    The complainant was fully aware that the appellant was separated but still legally married. She made a reasoned choice to continue the relationship, including financial and emotional dependence.
  2. Promise to Marry Alone Not Enough:
    Citing Pramod Suryabhan Pawar v. State of Maharashtra, the Court reiterated that to constitute rape on a false promise of marriage, the promise must have been false at the outset, made in bad faith, and be the sole cause of consent to the sexual act.
  3. No Prima Facie Offence Made Out:
    The Court found no material on record showing dishonest or fraudulent inducement. There were contradictions in the complainant’s statements that cast doubt on her narrative.
  4. Abuse of Criminal Process:
    The Court warned against misuse of criminal law when consensual relationships turn sour, emphasizing that not every failed relationship amounts to a criminal offence.
 FIR and proceedings quashed
FIR and proceedings quashed.

Final Verdict

The Supreme Court allowed the appeal, set aside the High Court’s order, and quashed the proceedings, stating that continued litigation would serve no purpose given the consensual nature of the relationship.


Legal Takeaway for Practitioners: This judgment underscores the judiciary’s careful approach in distinguishing between genuine cases of exploitation and consensual adult relationships. It reinforces that Section 376 IPC cannot be invoked lightly in the absence of real coercion, deception, or misconception of fact.