Can a Rape Case Filed on Promise of Marriage Be Settled Amicably? SC Says Yes, Allows Plea

The Supreme Court recently allowed a plea by a Kerala man seeking to quash a criminal case lodged against him for allegedly raping a woman on the promise of marriage and cheating her of money and gold ornaments, after the parties informed the court of an amicable settlement.

A bench of Justices B.V. Nagarathna and R. Mahadevan noted that the man had expressed willingness to compensate the complainant by returning the money and gold allegedly taken from her. The bench permitted the woman to withdraw the amount and recover the gold after due verification by the concerned authorities.

The woman lodged an FIR on May 24, 2022, at Balussery Police Station in Kozhikode, where she accused the man of forcibly having sexual intercourse with her and later deceiving her with false promises of marriage. The complaint also alleged that the accused had taken Rs.3,54,000 and gold ornaments worth 2.5 sovereigns from her on various occasions and refused to return them.

According to the complaint, the woman, who was already married and had two children, had been living separately from her husband for about six years, with divorce proceedings pending before the family court. She stated that the accused had initially assisted her in legal matters, but in December 2017, he allegedly invited her to his residence, took her to his bedroom, and raped her. The complaint further stated that the accused had photographed her and threatened to share the images with her husband if she disclosed the incident.

The woman claimed that during 2018, the man continued to engage in sexual relations with her by promising marriage and even stayed with her at different resorts in 2022. When she demanded the return of the money and jewellery, he allegedly refused, prompting her to approach the police.

The accused later moved the Kerala High Court seeking anticipatory bail and quashing of the FIR. However, the High Court dismissed both pleas, holding that the allegations involved a specific charge of rape and required detailed investigation. The court also observed that custodial interrogation was necessary given the nature of the allegations.

Challenging the decision, the man approached the Supreme Court. On an earlier occasion, the top court granted him interim protection from arrest and encouraged the parties to explore the possibility of an amicable settlement. On July 21, 2025, the appellant informed the court that he was willing to return the full amount and the gold ornaments to resolve the dispute.

Subsequently, on August 18, 2025, his counsel submitted that the appellant would deposit Rs. 3,54,000 before the concerned trial court within three weeks and would also return the gold ornaments either to the complainant or her father, with proper acknowledgment.

Accepting these submissions, the Supreme Court directed that the amount deposited before the Judicial Magistrate of First Class-II, Perambra, be released to the complainant or her nominee after due verification. “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,” the bench said in its order.

The bench further directed that the gold weighing 20.040 grams, which the appellant had offered to return, be deposited before the Registrar General of the Kerala High Court. Court directed the Registrar General to release the gold to the complainant or her nominee upon verification of identity and proper application.