Full Judgment Text
2026:BHC-NAG:4909
78 apl 314.26.odt..odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 314 OF 2026
1. Sanjay s/o Devidas Raipure
Aged about 36 years,
Occupation : Private
R/o Flat No.303, Anita Complex,
Guruchaya Society, New Manish
Nagar, Beltarodi, Nagpur
APPLICANT
// V E R S U S //
1. The State of Maharashtra,
Through its Police Station Officer,
Police Station Beltarodi, Nagpur,
District Nagpur
NON-APPLICANTS
2. Rupali Shreeram Mate,
Aged about 35 years,
Occupation, Private, R/o VTC,
Kodepar, Post Office, Mindhala,
Nagbhir District Chandrapur
441205
-------------------------------------------------------------------------------------------
Mr. S.R. Kadam, Advocate for the applicant.
Mr. N.B. Jawade, APP for non-applicant No.1 /State.
Mr. R.M. Khapekar, Advocate for non-applicant No.2.
-----------------------------------------------------------------------------------------
CORAM : URMILA JOSHI PHALKE, J.
DATED : 23 .03.2026
O R A L J U D G M E N T :
1. Heard.
78 apl 314.26.odt..odt
2
2. ADMIT. Taken up for final disposal with the consent
of learned counsel for the parties.
3. By this application applicant is seeking quashing of
the First Information Report in connection with crime
No.336/2023 registered at Police Station Beltarodi, District
Nagpur for the offences punishable under Sections 376(2) (n),
377 of the Indian Penal Code and consequent proceeding arising
out of the same bearing Charge-sheet No.120/2023.
4. The crime is registered on the basis of the report
lodged by non-applicant No.2 on an allegation that she got
acquaintance with the present applicant through jeevansathi.com.
And they communicated with each other and thereafter they
decided to perform the marriage. It is alleged that on 17.12.2022
the non-applicant no.2 has gone to his house and on the promise
of marriage subjected her forcible sexual assault. On the basis of
the said report police have registered the crime against the present
applicant. After registration of crime Investigating Officer has
recorded the statements of the witnesses and after completion of
the investigation submitted the charge-sheet against the present
applicant. During pendency of this application both parties have
78 apl 314.26.odt..odt
3
arrived at settlement. She has filed the affidavit in support of her
contention and admitted the contents of the settlement terms.
She has stated that she does not want to pursue the proceeding
against the present applicant and they have amicably settled the
dispute and difference.
5. Admittedly the offence punishable under Section 376
(2)(n) is not compoundable offence.
6. Considering the merits of the application admittedly
non-applicant No.2 is grown up lady. As per her allegation she got
acquaintance with the present applicant through the
jeevansathi.com. Thereafter they communicated with each other
and they have decided to perform the marriage. On the promise of
marriage there was physical relationship developed between them.
Thus, even considering the FIR and contents of the FIR it reveals
that it was consensual relationship between the applicant and
non-applicant No.2. Admittedly the applicant and non-applicant
No.2 are the grown up persons entered into the relationship by
consent and physical relationship between them is also by
consent. Mere breach of promise is not sufficient to attract the
78 apl 314.26.odt..odt
4
offence punishable under Section 376 (2)(n) of the IPC.
Therefore, on merits also the application deserves to be allowed.
This aspect is considered by the Hon’ble Apex Court and specially
in the light of the decision of the celebrated judgment of Pramod
Suryabhan Pawar vs The State Of Maharashtra and another
reported in (2019) 9 SCC 608 wherein after considering the
catena of decisions the Hon’ble Apex Court summarising the legal
position it is held that to summarise the legal position that
emerges from the above cases, the “consent” of a woman with
respect to Section 375 must involve an active and reasoned
deliberation towards the proposed act. To establish whether the
“consent” was vitiated by a “misconception of fact” arising out of a
promise to marry, two propositions must be established. The
promise of marriage must have been a false promise, given in bad
faith and with no intention of being adhered to at the time it was
given. The false promise itself must be of immediate relevance, or
bear a direct nexus to the woman’s decision to engage in the
sexual act.
7. The allegation in the present FIR indicates that they
got acquaintance with each other. Thereafter they have decided to
78 apl 314.26.odt..odt
5
perform the marriage and they entered into the physical
relationship therefore, it is a case of consensual relationship
between two grown up persons. In view of that, application
deserves to be allowed.
8. Hence, I proceed to pass the following order:-
ORDER
(i) The Criminal Application is allowed.
(ii) First Information Report in connection with
crime No.336/2023 registered at Police Station Beltarodi,
District Nagpur for the offences punishable under Sections
376(2) (n), 377 of the Indian Penal Code and consequent
proceeding arising out of the same bearing Charge-sheet
No.120/2023 is quashed and set aside against the applicant-
9. The criminal application stands disposed of in
the above said terms.
Pending applications, if any, also stand disposed of.
(URMILA JOSHI PHALKE, J.)
78 apl 314.26.odt..odt
6
manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 27/03/2026 14:44:37
78 apl 314.26.odt..odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APL) NO. 314 OF 2026
1. Sanjay s/o Devidas Raipure
Aged about 36 years,
Occupation : Private
R/o Flat No.303, Anita Complex,
Guruchaya Society, New Manish
Nagar, Beltarodi, Nagpur
APPLICANT
// V E R S U S //
1. The State of Maharashtra,
Through its Police Station Officer,
Police Station Beltarodi, Nagpur,
District Nagpur
NON-APPLICANTS
2. Rupali Shreeram Mate,
Aged about 35 years,
Occupation, Private, R/o VTC,
Kodepar, Post Office, Mindhala,
Nagbhir District Chandrapur
441205
-------------------------------------------------------------------------------------------
Mr. S.R. Kadam, Advocate for the applicant.
Mr. N.B. Jawade, APP for non-applicant No.1 /State.
Mr. R.M. Khapekar, Advocate for non-applicant No.2.
-----------------------------------------------------------------------------------------
CORAM : URMILA JOSHI PHALKE, J.
DATED : 23 .03.2026
O R A L J U D G M E N T :
1. Heard.
78 apl 314.26.odt..odt
2
2. ADMIT. Taken up for final disposal with the consent
of learned counsel for the parties.
3. By this application applicant is seeking quashing of
the First Information Report in connection with crime
No.336/2023 registered at Police Station Beltarodi, District
Nagpur for the offences punishable under Sections 376(2) (n),
377 of the Indian Penal Code and consequent proceeding arising
out of the same bearing Charge-sheet No.120/2023.
4. The crime is registered on the basis of the report
lodged by non-applicant No.2 on an allegation that she got
acquaintance with the present applicant through jeevansathi.com.
And they communicated with each other and thereafter they
decided to perform the marriage. It is alleged that on 17.12.2022
the non-applicant no.2 has gone to his house and on the promise
of marriage subjected her forcible sexual assault. On the basis of
the said report police have registered the crime against the present
applicant. After registration of crime Investigating Officer has
recorded the statements of the witnesses and after completion of
the investigation submitted the charge-sheet against the present
applicant. During pendency of this application both parties have
78 apl 314.26.odt..odt
3
arrived at settlement. She has filed the affidavit in support of her
contention and admitted the contents of the settlement terms.
She has stated that she does not want to pursue the proceeding
against the present applicant and they have amicably settled the
dispute and difference.
5. Admittedly the offence punishable under Section 376
(2)(n) is not compoundable offence.
6. Considering the merits of the application admittedly
non-applicant No.2 is grown up lady. As per her allegation she got
acquaintance with the present applicant through the
jeevansathi.com. Thereafter they communicated with each other
and they have decided to perform the marriage. On the promise of
marriage there was physical relationship developed between them.
Thus, even considering the FIR and contents of the FIR it reveals
that it was consensual relationship between the applicant and
non-applicant No.2. Admittedly the applicant and non-applicant
No.2 are the grown up persons entered into the relationship by
consent and physical relationship between them is also by
consent. Mere breach of promise is not sufficient to attract the
78 apl 314.26.odt..odt
4
offence punishable under Section 376 (2)(n) of the IPC.
Therefore, on merits also the application deserves to be allowed.
This aspect is considered by the Hon’ble Apex Court and specially
in the light of the decision of the celebrated judgment of Pramod
Suryabhan Pawar vs The State Of Maharashtra and another
reported in (2019) 9 SCC 608 wherein after considering the
catena of decisions the Hon’ble Apex Court summarising the legal
position it is held that to summarise the legal position that
emerges from the above cases, the “consent” of a woman with
respect to Section 375 must involve an active and reasoned
deliberation towards the proposed act. To establish whether the
“consent” was vitiated by a “misconception of fact” arising out of a
promise to marry, two propositions must be established. The
promise of marriage must have been a false promise, given in bad
faith and with no intention of being adhered to at the time it was
given. The false promise itself must be of immediate relevance, or
bear a direct nexus to the woman’s decision to engage in the
sexual act.
7. The allegation in the present FIR indicates that they
got acquaintance with each other. Thereafter they have decided to
78 apl 314.26.odt..odt
5
perform the marriage and they entered into the physical
relationship therefore, it is a case of consensual relationship
between two grown up persons. In view of that, application
deserves to be allowed.
8. Hence, I proceed to pass the following order:-
ORDER
(i) The Criminal Application is allowed.
(ii) First Information Report in connection with
crime No.336/2023 registered at Police Station Beltarodi,
District Nagpur for the offences punishable under Sections
376(2) (n), 377 of the Indian Penal Code and consequent
proceeding arising out of the same bearing Charge-sheet
No.120/2023 is quashed and set aside against the applicant-
9. The criminal application stands disposed of in
the above said terms.
Pending applications, if any, also stand disposed of.
(URMILA JOSHI PHALKE, J.)
78 apl 314.26.odt..odt
6
manisha
Signed by: Mrs. Manisha Shewale
Designation: PA To Honourable Judge
Date: 27/03/2026 14:44:37