Criminal Law Roundup: A quick recap of the Latest Criminal Law cases from May 2025
This roundup offers a concise overview of the latest criminal law cases from May 2025, featuring key rulings from the Supreme Court and various High Courts.
False Promise to Marry
‘A consensual relationship turning sour not ground for criminal prosecution’: Supreme Court quashes rape case against 25-year-old
“The consent of the complainant as defined under section 90 IPC cannot be said to have been obtained under a misconception of fact. There is no material to substantiate “inducement or misrepresentation” on the part of the accused to secure consent for sexual relations without having any intention of fulfilling said promise”.
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‘No averment that he refused to marry her, or marriage wasn’t possible’; Himachal Pradesh HC discharges man accused of raping fiancé under false promise to marry
“The fact that the parties maintained a relationship for five long years would make it difficult to hold that the sexual relationship was based upon a promise to marry.”
‘Husband did not complain of adultery, S. 497 ingredients not made out’; Chhattisgarh HC acquits man convicted of adultery in false promise to marry case
“In the present case, aggrieved party that is the husband of the complainant has not made complaint of adultery before the Court; therefore, ingredients of Section 497 of the IPC have not been made out against the convict.”
‘Husband’s promise to marry as per religious customs cannot be said to be false promise once marriage is legally registered’; Bombay HC quashes rape and cheating case against husband
Respondent 3 was fully aware of the bond of matrimony existing between her and the petitioner after the civil registration of their marriage and consciously decided to engage in consensual sexual interactions. So, it cannot be said that her consent for sexual relationship is vitiated by a promise to marry based on religious customs.
Patriarchal to say that woman must foresee marriage problems solely because she is elder to her partner; DHC refuses to quash FIR against a man accused of rape on pretext of marriage
The accused, despite being fully aware of the age difference, actively pursued the relationship, gave assurances of marriage, and induced the victim to make financial and emotional commitments.
‘Alleged offence was repeated thrice in the same manner, when woman willingly accompanied accused to hotel room’: SC quashes rape case against 22-year-old man
“There was no promise of marriage to coerce consent from the complainant for sexual intercourse.”
‘Prima facie consensual relationship’; Kerala High Court grants anticipatory bail to film director Omar Lulu in rape case
“It is a well-accepted principle that bail is the rule and jail is the exception.”
Court must be mindful of the danger of attributing criminal intent to an otherwise disturbed civil relationship: SC
The Court further observed that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence.
Gujarat High Court allows termination of pregnancy of minor rape victim; Issues directions for medical board
The Court is conscious of the fact that though the pregnancy of the minor rape victim is of 24 weeks and 05 days, the risk associated with the termination of pregnancy is not higher than the risk of delivery at full term of pregnancy at the tender age of 16.
Long-standing consensual relationship without cheating not considered rape on pretext of marriage: Allahabad High Court
“Each promise of marriage would not be considered as a fact of misconception for the purpose of consensual sexual intercourse unless it is established that such promise of marriage was a false promise of marriage on the part of the accused since the beginning of such a relationship.”
Kerala High Court refuses to quash case against priest accused of rape on pretext of marriage
Kerala High Court said that there was no undue delay in filing the FIR, as the relationship was predicated on the promise of marriage
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A quick review of reported cases this week from various High Courts across the country
[Breach of promise to marry v. False promise to marry] Bombay HC refuses to quash FIR against rape accused, for extracting sexual relations on pretext of marriage
“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”- Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608
Failed Long-term relationships not ground for filing Rape FIRs: Madhya Pradesh High Court
‘In a young age when relationship develops, they naturally carry impression that they will get married. However, sometimes it fails, and the girl, considering herself to be betrayed and deceived, cannot lodge the FIR saying that rape has been committed with her.”
‘No misconception on the part of victim regarding promise of marriage with convict’: Madras HC sets aside conviction of rape accused
“The Court below lost sight of the rudimentary principle governing rape and convicted the convict on the strength of the gospel that Indian women do not lie in such matters, which cannot be sustained, as the facts surrounding each and every case and the evidence available ought to form the basis of arriving at a finding, and the surrounding scenario cannot be the basis to render a finding.”
Read why Allahabad HC refused to set aside order acqutting a man accused of rape on false promise of marriage
“There is clear distinction between rape and a consensual sex. The Court in such cases carefully examined whether accused actually wanted to marry victim or had a malafide motive and had made a false promise to this effect to satisfy his lust, as latter false ambit of cheating or deception. There is a distinction between breach of promise or not fulfilling the promise.”
SC upholds Karnataka HC order quashing proceedings against man accused of rape on false promise to marry due to inconsistent Prosecutrix testimonies
Supreme Court: In a criminal appeal filed against the order passed by the Karnataka High Court, wherein the Court allowed the petition
‘No rape on false promise to marry’; Supreme Court quashes rape case by married woman
Supreme Court took note of the evident consent of the complainant as well as her parents and daughter, who were living in the same house.