Court finds relationship consensual, dismisses charges due to complainant's ineligibility for marriage
In a significant judgment, the Bombay High Court has quashed an FIR alleging rape on the false pretext of marriage, filed against Raghav Rajesh Aggarwal. Justice Ashwin D. Bhobe delivered the verdict on February 18, 2026, in response to Criminal Writ Petition No. 6486 of 2025. The case centered around allegations made by a married woman, identified as Respondent No. 2, who claimed that Aggarwal had engaged in a physical relationship with her under the guise of a false promise of marriage.
The court found that the relationship between Aggarwal and the complainant was consensual. The complainant, a 24-year-old woman, was married at the time of the alleged incidents and therefore not eligible for marriage with Aggarwal. The court observed that there was no material evidence to suggest that Aggarwal had deceived the complainant into the relationship.
The court relied on principles outlined in the landmark case of State of Haryana v. Bhajan Lal, which provides guidance on quashing FIRs to prevent abuse of the legal process. The judge noted that the allegations did not prima facie disclose any offences under Section 376(2)(n) of the Indian Penal Code or Section 352 of the Bharatiya Nyaya Sanhita, 2023.
The complainant had alleged that the relationship began in January 2023 and continued until July 2024, during which time she claimed to have been misled by promises of marriage. However, the court highlighted that the complainant's ongoing marital status rendered her ineligible for marriage with Aggarwal, negating the possibility of a legally binding promise of marriage.
The judgment also referenced a similar case, Pramod Kumar Navratna v. State of Chhattisgarh, where the Supreme Court had found that a false promise of marriage could not be legally enforceable if the complainant was already married.
Aggarwal's counsel, Mr. Faiz Merchant, argued that the complaint was malicious and an abuse of the legal process, pointing out that the complainant had previously made similar allegations in another case. The court agreed, finding that the ingredients for the alleged offences were not met and that the FIR was filed with mala fide intent.
In conclusion, the court quashed the FIR and the subsequent charge sheet, thereby dismissing all charges against Aggarwal. The decision underscores the importance of careful judicial scrutiny in cases involving allegations of rape on false pretenses, especially when the complainant's eligibility for marriage is in question.
The case serves as a reminder of the legal principles governing consent and the need for evidence in substantiating claims of deception in relationships.
Bottom Line:
FIR alleging rape on the false pretext of marriage quashed as it was established that the relationship was consensual and the complainant was not eligible for marriage due to her subsisting marital status.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Section 352, Indian Penal Code, 1860 Section 376(2)(n), Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
Raghav Rajesh Aggarwal v. State of Maharashtra, (Bombay) : Law Finder Doc id # 2863603
