Continuation of Prosecution Would Be a Gross Abuse of Law: Supreme Court Quashes FIR in Sexual Offense Case Involving Alleged False Promise of Marriage

In a significant judgment, the Supreme Court of India today quashed a First Information Report (FIR) registered against Sheikh Arif, accused of various sexual offenses under the Indian Penal Code (IPC) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989. The Bench, comprising Justices Abhay S. Oka and Pankaj Mithal, held that “the continuation of the prosecution in the present case will be a gross abuse of the process of law,” thereby allowing the appeal filed by the appellant.

The case, Sheikh Arif vs. The State of Maharashtra & Anr (Criminal Appeal No. 1368 of 2023), involved allegations of a sexual relationship under a false promise of marriage, leading to an engagement and the pregnancy of the respondent. The appellant contested the claims, asserting that the relationship was consensual, including a marriage to the respondent.

The Court meticulously analyzed the evidence presented, including the nature of the relationship between the parties from 2013 to 2017, and the circumstances surrounding the engagement and pregnancy of the respondent. It was noted that the relationship, leading to pregnancy in 2013 and continuing till 2017, was not based on a false promise of marriage. The Court said, “It is not possible to accept that the second respondent maintained a physical relationship only because the appellant had given a promise of marriage.”

Further delving into the authenticity of the Nikahnama, which the appellant claimed as proof of marriage, the Court observed that despite the original document not being produced, the evidence and statements recorded confirmed the Nikah between the appellant and the respondent.

In its decisive move, the Court quashed the FIR and subsequent proceedings, terming them as potential misuse of legal process. “Thus, in our view, the continuation of the prosecution in the present case will be a gross abuse of the process of law,” the Court observed.

Additionally, the Court directed the appellant to pay Rs. 5 lakhs to the respondent, emphasizing the appellant’s responsibility towards the child born from this relationship. The Court also ruled that the Rs. 10 lakhs already deposited by the appellant with the High Court shall be invested appropriately for the child’s future.

Date of Decision: 30th January 2024

SHEIKH ARIF VS THE STATE OF MAHARASHTRA & ANR