A) Indian Penal Code – Section 376(2)(n) – Rape – Allegations of rape on pretext of marriage – FIR and Chargesheet are Quashed – Complainant being married, was not eligible to marry the Petitioner on the date when the alleged instances of rape, purportedly committed by the Petitioner under the false pretext of marriage, are said to have occurred. No material on record suggests that the Petitioner’s initial intention was to deceive Complainant and persuade her to have a physical relationship. The facts clearly indicate a consensual relationship between two adults of mature age, which later deteriorated. The ingredients of the offence are not established.

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO.7 OF 2026

(Corum: ASHWIN D. BHOBE, J.)

(D.o.D: 21.10.2026)

NILESH RAJARAM JALMI                                  … PETITIONER

VERSUS

STAT OF GOA AND ORS.                                       … RESPONDENTS

 

1. Indian Penal Code – Section 376(2)(n) – Rape – Allegations of rape on pretext of marriage – FIR and Chargesheet are Quashed – Complainant being married, was not eligible to marry the Petitioner on the date when the alleged instances of rape, purportedly committed by the Petitioner under the false pretext of marriage, are said to have occurred. The Complainant would be under an impediment if the Petitioner decided to honour his promise. No material on record suggests that the Petitioner’s initial intention was to deceive Respondent No. 3 and persuade her to have a physical relationship. The facts clearly indicate a consensual relationship between two adults of mature age, which later deteriorated. The ingredients of the offence are not established.( para 14)
2. Section 528 of BNSS – The case squarely falls within the principles laid down in Bhajan Lal (supra) for exercising powers under Section 528 of BNSS, 2023, to quash the FIR and the charges arising therefrom to prevent abuse of the legal process.        For Judgment Click 👇

Nilesh Jalmi Vs. state of Goa