Supreme Court: FIR on rape allegation quashed—Complaint found mala fide, lodged as afterthought

Case Name: Surendra Khawse v. State of Madhya Pradesh & Another
Date of Judgment: September 22, 2025
Citation: 2025 INSC 1143

Bench: Hon’ble Mr. Justice Sanjay Karol and Hon’ble Mr. Justice Nongmeikapam Kotiswar Singh

Held: The Supreme Court quashed an FIR and chargesheet under Sections 376 and 376(2)(n) IPC, holding that the complaint appeared to be motivated by vengeance and lodged as an afterthought. The Court noted that the FIR was filed four months after the alleged incident and only after the complainant was served a show-cause notice by her employer for misconduct, which cast serious doubt on the bona fides of the prosecution. Applying the principles from State of Haryana v. Bhajan Lal and Mohd. Wajid v. State of U.P., the Court reiterated that proceedings instituted with mala fide intent or private grudge warrant interference under Section 528 BNSS (corresponding to Section 482 CrPC).

Summary: The complainant, a Computer Operator in Suhagi Municipal Corporation, alleged that the appellant, an Assistant Revenue Inspector, coerced her into physical intimacy on the promise of marriage. Later, he allegedly refused to marry her, leading to the FIR. However, the appellant had earlier filed multiple complaints before the police and municipal authorities about harassment by the complainant, including incidents of threats and attempted self-harm. He also secured a show-cause notice against her from the employer warning of dismissal. The FIR was lodged thereafter. The Supreme Court found this sequence of events indicative of ulterior motives. The delayed filing and timing in response to disciplinary proceedings suggested the FIR was retaliatory rather than genuine.

Decision: Appeal allowed. The FIR dated 07.08.2023 (P.S. Adhartaal, Jabalpur) and subsequent chargesheet dated 20.10.2023 were quashed. The High Court’s order refusing quashing was set aside.