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  Supreme Court Quashes Rape Case: Examining Consent and the Promise of Marriage Author: Abhishek Jat, Advocate The Hon'ble Supreme Court of India, in the case of Jothiragawan v. State , rendered a significant judgment emphasizing the distinction between a consensual relationship and an allegation of rape based on a purported breach of a promise to marry. The bench, comprising Justice Sudhanshu Dhulia and Justice K. Vinod Chandran, allowed the appeal against the Madras High Court's refusal to quash the FIR registered under Sections 376 and 420 of the Indian Penal Code (IPC). Background of the Case The case arose from allegations made by the complainant, wherein she contended that the appellant had engaged in sexual intercourse with her on three occasions under the false pretext of marriage. She claimed that the accused initially forced himself upon her and subsequently assured her of marriage, which he later refused. The complainant further alleged coercion in subsequen...

  Supreme Court Quashes POCSO Proceedings in Light of Marital Settlement: A Case Analysis By Abhishek Jat, Advocate In a landmark judgment, the Supreme Court of India recently quashed criminal proceedings under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and related provisions of the Indian Penal Code (IPC), in a case where the accused and the victim are now happily married. The Court emphasized that continuing the prosecution would serve no meaningful purpose and would only cause undue harassment to the parties involved and their children. The decision, delivered by a division bench comprising Justices Abhay S. Oka and Ujjal Bhuyan, underscores the importance of judicial discretion in balancing legal rigor with humanitarian considerations. Background of the Case The case originated from a First Information Report (FIR) registered on September 18, 2016, under Sections 354A (sexual harassment), 363 (kidnapping), 366 (kidnapping or inducing a woman to com...