Full Judgment Text
NON-REPORTABLE
2025 INSC 1243
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2025
(ARISING OUT OF SLP (CRL.) NO.17845 OF 2024)
X APPELLANT(S)
VERSUS
STATE OF KERALA & ANOTHER RESPONDENT(S)
WITH
CRIMINAL APPEAL NO. OF 2025
(ARISING OUT OF SLP (CRL.) NO.18408 OF 2024)
J U D G M E N T
NAGARATHNA, J.
Leave granted.
2. As similar facts are involved in both the appeals, they are
disposed of by this common order. In both the appeals, the
appellant is the accused in FIR No.333/2022 dated 24.05.2022
registered at Balussery Police Station, Kozhikode, and
Respondent No.2 is the prosecutrix.
Signature Not Verified
Digitally signed by
RADHA SHARMA
Date: 2025.10.16
16:23:20 IST
Reason:
3. Briefly stated, the facts of the case are that the prosecutrix
filed a complaint on 24.05.2022 before Balussery Police Station,
1
Kozhikode stating that her marriage with one Najeeb was
solemnized on 05.12.2010 and she had two children out of the
wedlock. She and her husband were living separately for the last
six years and a divorce proceeding was pending before the
concerned Family Court. She stated that the appellant/accused
was helping her with the litigation when one day in the month of
December 2017, he invited her to his house, took her to his
bedroom, and subjected her to sexual intercourse forcefully
against her will. She also stated that the accused had taken her
photographs and had threatened to forward them to her husband
in case she disclosed the incident to anybody. She further stated
that on several occasions in the year 2018, the accused promised
to marry her and committed sexual intercourse by inviting her to
his friend’s house. Thereafter, relying on his promise to marry,
the prosecutrix stayed with the accused several times at resorts
in the year 2022. Furthermore, she stated that the accused had
obtained Rs.3,54,000 and gold ornaments worth 2.5 sovereign
from the prosecutrix on different occasions and when the
prosecutrix demanded their return, the accused refused to return
the same and had thus cheated her.
4. Based on the above complaint, FIR No.333/2022 dated
24.05.2022 was registered at Balussery Police Station, Kozhikode,
2
alleging offences under Sections 376(2)(n), 406, and 506 of the
Indian Penal Code, 1860 [hereinafter “IPC”].
5. Apprehending arrest in connection with the above FIR, the
appellant filed an application being Bail Application
No.4814/2022 seeking anticipatory bail before the High Court of
Kerala. However, the High Court, vide impugned order dated
06.07.2022, dismissed the application noting that as allegation of
rape is specifically stated in the complaint, the same requires
custodial interrogation. Aggrieved by the said order, the appellant
has preferred the present criminal appeal arising out of SLP (Crl.)
No.18408/2024.
6. Thereafter, the appellant filed Criminal Miscellaneous Case
(Crl. MC No.4857/2022) before the High Court of Kerala under
Section 482 of the Code of Criminal Procedure, 1973 seeking
quashing of FIR No.333/2022. The High Court, vide impugned
order dated 08.11.2024, dismissed the petition noting that the
allegations require investigation and therefore, interference in the
FIR could not be quashed at that stage. Aggrieved by the above
order, the appellant has preferred the present criminal appeal
arising out of SLP (Crl.) No.17845/2024.
3
7. By order dated 19.12.2024, this Court issued notice in the
aforesaid case and ordered that no coercive steps be taken as
against the appellant herein. Thereafter, on 20.03.2025, the
Court granted liberty to the parties to arrive at an amicable
settlement. On 21.07.2025, the appellant submitted before this
Court that in order to give a quietus to the entire dispute, he is
willing to return the amount as well as the gold ornaments.
Further, on 18.08.2025, the appellant submitted that he shall
deposit the amount of Rs.3,54,000 before the concerned Trial
Court within a period of three weeks and is also willing to return
the gold ornaments to the prosecutrix or her father with an
appropriate acknowledgement.
8. We have heard learned counsel for the parties.
9. We order that the amount of Rs.3,54,000/-(Rupees Three
Lakhs and Fifty Four Thousand Only) which is deposited by the
appellant(s) herein before the Trial Court (Judicial Magistrate of
First Class-II, Perambra) shall be permitted to be withdrawn
either by the second respondent or the nominee of the second
respondent. If such an application is made on behalf of the
second respondent, the same shall be released to the second
respondent or her nominee after due verification.
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10. Gold weighing 20.040 grams weight which the appellant(s) is
willing to return to the second respondent, shall be deposited
before the Registrar General of the Kerala High Court.
11. Learned Registrar General, Kerala High Court to receive the
aforesaid gold from the appellant(s) and retain the same in safe
custody. The said gold shall be released either to the second
respondent or to her nominee. In the event a request by way of an
application is made by the second respondent or her nominee for
release of the said gold, learned Registrar General, Kerala High
Court shall then handover/release the said gold to the second
respondent or her nominee after due verification.
12. The appeal arising out of SLP (Crl.) No.17845/2024 is
allowed in the aforesaid terms.
13. Consequently, the appeal arising out of SLP (Crl.)
No.18408/2024 is disposed of in the aforesaid terms.
Pending application(s), if any, shall stand disposed of.
………………………………….,J.
(B.V. NAGARATHNA)
………………………………….,J.
(R. MAHADEVAN)
NEW DELHI;
SEPTEMBER 15 , 2025.
5
2025 INSC 1243
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2025
(ARISING OUT OF SLP (CRL.) NO.17845 OF 2024)
X APPELLANT(S)
VERSUS
STATE OF KERALA & ANOTHER RESPONDENT(S)
WITH
CRIMINAL APPEAL NO. OF 2025
(ARISING OUT OF SLP (CRL.) NO.18408 OF 2024)
J U D G M E N T
NAGARATHNA, J.
Leave granted.
2. As similar facts are involved in both the appeals, they are
disposed of by this common order. In both the appeals, the
appellant is the accused in FIR No.333/2022 dated 24.05.2022
registered at Balussery Police Station, Kozhikode, and
Respondent No.2 is the prosecutrix.
Signature Not Verified
Digitally signed by
RADHA SHARMA
Date: 2025.10.16
16:23:20 IST
Reason:
3. Briefly stated, the facts of the case are that the prosecutrix
filed a complaint on 24.05.2022 before Balussery Police Station,
1
Kozhikode stating that her marriage with one Najeeb was
solemnized on 05.12.2010 and she had two children out of the
wedlock. She and her husband were living separately for the last
six years and a divorce proceeding was pending before the
concerned Family Court. She stated that the appellant/accused
was helping her with the litigation when one day in the month of
December 2017, he invited her to his house, took her to his
bedroom, and subjected her to sexual intercourse forcefully
against her will. She also stated that the accused had taken her
photographs and had threatened to forward them to her husband
in case she disclosed the incident to anybody. She further stated
that on several occasions in the year 2018, the accused promised
to marry her and committed sexual intercourse by inviting her to
his friend’s house. Thereafter, relying on his promise to marry,
the prosecutrix stayed with the accused several times at resorts
in the year 2022. Furthermore, she stated that the accused had
obtained Rs.3,54,000 and gold ornaments worth 2.5 sovereign
from the prosecutrix on different occasions and when the
prosecutrix demanded their return, the accused refused to return
the same and had thus cheated her.
4. Based on the above complaint, FIR No.333/2022 dated
24.05.2022 was registered at Balussery Police Station, Kozhikode,
2
alleging offences under Sections 376(2)(n), 406, and 506 of the
Indian Penal Code, 1860 [hereinafter “IPC”].
5. Apprehending arrest in connection with the above FIR, the
appellant filed an application being Bail Application
No.4814/2022 seeking anticipatory bail before the High Court of
Kerala. However, the High Court, vide impugned order dated
06.07.2022, dismissed the application noting that as allegation of
rape is specifically stated in the complaint, the same requires
custodial interrogation. Aggrieved by the said order, the appellant
has preferred the present criminal appeal arising out of SLP (Crl.)
No.18408/2024.
6. Thereafter, the appellant filed Criminal Miscellaneous Case
(Crl. MC No.4857/2022) before the High Court of Kerala under
Section 482 of the Code of Criminal Procedure, 1973 seeking
quashing of FIR No.333/2022. The High Court, vide impugned
order dated 08.11.2024, dismissed the petition noting that the
allegations require investigation and therefore, interference in the
FIR could not be quashed at that stage. Aggrieved by the above
order, the appellant has preferred the present criminal appeal
arising out of SLP (Crl.) No.17845/2024.
3
7. By order dated 19.12.2024, this Court issued notice in the
aforesaid case and ordered that no coercive steps be taken as
against the appellant herein. Thereafter, on 20.03.2025, the
Court granted liberty to the parties to arrive at an amicable
settlement. On 21.07.2025, the appellant submitted before this
Court that in order to give a quietus to the entire dispute, he is
willing to return the amount as well as the gold ornaments.
Further, on 18.08.2025, the appellant submitted that he shall
deposit the amount of Rs.3,54,000 before the concerned Trial
Court within a period of three weeks and is also willing to return
the gold ornaments to the prosecutrix or her father with an
appropriate acknowledgement.
8. We have heard learned counsel for the parties.
9. We order that the amount of Rs.3,54,000/-(Rupees Three
Lakhs and Fifty Four Thousand Only) which is deposited by the
appellant(s) herein before the Trial Court (Judicial Magistrate of
First Class-II, Perambra) shall be permitted to be withdrawn
either by the second respondent or the nominee of the second
respondent. If such an application is made on behalf of the
second respondent, the same shall be released to the second
respondent or her nominee after due verification.
4
10. Gold weighing 20.040 grams weight which the appellant(s) is
willing to return to the second respondent, shall be deposited
before the Registrar General of the Kerala High Court.
11. Learned Registrar General, Kerala High Court to receive the
aforesaid gold from the appellant(s) and retain the same in safe
custody. The said gold shall be released either to the second
respondent or to her nominee. In the event a request by way of an
application is made by the second respondent or her nominee for
release of the said gold, learned Registrar General, Kerala High
Court shall then handover/release the said gold to the second
respondent or her nominee after due verification.
12. The appeal arising out of SLP (Crl.) No.17845/2024 is
allowed in the aforesaid terms.
13. Consequently, the appeal arising out of SLP (Crl.)
No.18408/2024 is disposed of in the aforesaid terms.
Pending application(s), if any, shall stand disposed of.
………………………………….,J.
(B.V. NAGARATHNA)
………………………………….,J.
(R. MAHADEVAN)
NEW DELHI;
SEPTEMBER 15 , 2025.
5