Consent Not Under Misconception of Fact": Supreme Court Quashes FIR in Alleged False Promise of Marriage Case

The Supreme Court, in a landmark decision yesterday, overruled the High Court's stance and dismissed the FIR in a case alleging rape under a false promise of marriage, emphasizing the concept of "Consent Not Under Misconception of Fact."

The apex court's decision pivoted on the interpretation of consent in the context of rape allegations under Section 376(2)(n) and 506 of the Indian Penal Code (IPC). The key legal issue addressed was whether the consent provided by the complainant was under a misconception of fact, thereby influencing the applicability of these sections.

The appeal was against the High Court's refusal to quash an FIR lodged by a woman who accused the appellant of raping her under a false promise of marriage. Noteworthy is the complainant's marital status - she was already married and a mother - which played a critical role in the court's assessment.

Justice Rajesh Bindal, in delivering the judgment, scrutinized the maturity and comprehension of the complainant. He remarked, "She was a grown-up lady about ten years elder to the appellant... matured and intelligent enough to understand the consequences of her actions." The case was analyzed in light of the previous judgment in Naim Ahamed v. State (NCT of Delhi), which dealt with similar circumstances.

The Court noted discrepancies in the complainant's statements, especially regarding her divorce and subsequent marriage claims with the appellant. These inconsistencies were crucial in determining the nature of the alleged consent.

Concluding its findings, the Supreme Court quashed FIR No.52 dated 11.12.2020, registered at the Mahila Thana, District Satna (M.P.), along with all subsequent proceedings, underscoring the nuances in the concept of consent in cases of sexual offenses.

Date of Decision: March 6, 2024

XXXX vs State of Madhya Pradesh & Another