Supreme Court Quashes Rape Case: Examining Consent and the Promise of Marriage
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...