Ankit Tomar v. State of Haryana 2026 INSC 262 - Rape - Promise To Marry - Quashing
"The consent demolishes the case of the complainant that there was rape on the promise of marriage. "
Indian Penal Code 1860 - Section 375 - While quashing a rape on pretext of promise to marry case, SC observed- The consent demolishes the case of the complainant that there was rape on the promise of marriage. The relationship is said to have commenced in August 2023 and is said to have continued till March 2024; obviously and admittedly consensual. The complainant is married and a mother of two children, as the FIS itself indicates. There is no allegation that she was divorced from her husband or even separated from him. We are convinced that as in the cited decision, there was a consensual relationship, neither inducement nor threat and no possibility of a deception luring the complainant into a physical relationship on the pretext of marriage.(Para 7-9)
Case Info
Basic case details
Case name: Ankit Tomar v. State of Haryana
Neutral citation: 2026 INSC 262
Coram:Justice Sanjay KumarJustice K. Vinod Chandran
Judgment date: 26 February 2026 (NEW DELHI)
Case laws and citations referred
- Amol Bhagwan Nehul v. State of Maharashtra and Anr, 2025 SCC OnLine SC 1230
Statutes / laws referred
- Indian Penal Code, 1860
- Section 376(2)(n) – repeated/continuous commission of rape on the same woman
- Section 506 – criminal intimidation
- Bharatiya Nagarik Suraksha Sanhita, 2023
- Section 528 – provision invoked for quashing the FIR
Brief summary (three sentences)
The appellant was prosecuted for offences under Sections 376(2)(n) and 506 IPC on the allegation that he had a physical relationship with the complainant on the false pretext of marriage, resulting in her pregnancy, while he later married another woman. Relying on the principles laid down in Amol Bhagwan Nehul v. State of Maharashtra, the Supreme Court held that the relationship was consensual, that there was neither inducement, misrepresentation, coercion nor threat, and that since the complainant was herself married with two children, there was no realistic possibility of deception by a promise to marry. The Court therefore set aside the Punjab & Haryana High Court’s order and quashed FIR No.127 dated 28.03.2024 registered at Police Station Kheripul, District Faridabad, along with all criminal proceedings arising from it, and cancelled the appellant’s bail bonds.
