Shahin Akhtar
On 02nd September 2025, the Supreme Court has once again sent a strong message against the misuse of criminal law in cases of rape allegations linked to promises of marriage. A bench of Justices J.B. Pardiwala and Sandeep Mehta quashed the summons issued against Pradeep Kumar Kesarwani, holding that the complaint against him was not only weak but also vindictive in nature.
The case dated back to 2014, when a woman accused Kesarwani of repeatedly assaulting her since 2010 under the assurance of marriage. However, the Court found that her complaint lacked essential details and evidence, and was filed after an unexplained delay of four years. It also noted that even the man’s parents had been unnecessarily dragged into the case, pointing towards malice rather than genuine grievance.
The judges observed that summoning someone to face trial on baseless charges is not a trivial matter. It damages reputation, causes emotional stress, and subjects the accused to unnecessary litigation. They underlined that courts must carefully examine whether the promise of marriage was genuine. A failed relationship, they said, cannot automatically be treated as rape unless there is proof that the promise was made with a dishonest intent to exploit.
Another factor that weakened the complaint was the complainant’s refusal to accept notice issued by the Supreme Court. According to the bench, this showed that she was not serious from the beginning.
The Court also faulted the lower courts for not acting prudently. The Additional Chief Judicial Magistrate erred by issuing the summons without proper scrutiny, and the Allahabad High Court failed to use its powers under Section 482 of the Code of Criminal Procedure to prevent the misuse of process.
Drawing on past rulings, including Deepak Gulati v. State of Haryana (2013) 7 SCC 675 and Rajiv Thapar v. Madan Lal Kapoor (2013) 3 SCC 330, the bench reiterated that complaints which clearly cannot end in conviction should not consume valuable judicial time.
In the end, the Supreme Court set aside the proceedings against Kesarwani, calling the case nothing more than harassment and a blatant abuse of criminal law.
Case Name: Pradeep Kumar Kesarwani vs. The State of Uttar Pradesh & Anr.
Case No.: Cr. Appeal/3831/2025
Bench: J.B. Pardiwala and Sandeep Mehta
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