Aarohi Girish Dhumale
On 24th March, 2025, the Supreme Court quashed a rape case on the grounds that a breach of a promise to marry does not automatically amount to rape unless fraudulent intent existed at the time of consent.
This case was heard by a Division Bench of Justice Sudhanshu Dhulia and Justice K Vinod Chandran. The Bench observed that the woman had accompanied the accused thrice in a hotel room and there was no inference that there was a promise to marry which led to the woman giving her consent.
The Court overruled the Madras High Court’s decision of refusal to quash the FIR.
The Court further said that the criminal proceedings initiated against the appellant are nothing but an abuse of process of the court. The High Court should have interfered in exercise of its powers under Section 482 of the Cr.P.C. Therefore, the Court directed to quash the proceedings.
Case Name: Jothiraghavan v. State
Case Number: SLP (CRL) NO.6821 OF 2024
Bench: Justice Sudhanshu Dhulia and Justice K Vinod Chandran