The Supreme Court disposed of appeals concerning allegations under Sections 376, 406, and 506 of the IPC by facilitating a settlement. The Court directed the appellant to deposit a specified sum with the Trial Court and gold ornaments with the High Court Registrar for release to the prosecutrix, thereby resolving the disputes.
Facts Of The Case:
The case originates from an FIR registered against the appellant-accused based on a complaint filed by the second respondent, the prosecutrix. She alleged that the accused, who was assisting her with ongoing divorce proceedings, forcefully subjected her to sexual intercourse in December 2017 under the threat of disseminating her photographs. Subsequently, on multiple occasions in 2018, he established a physical relationship with her on the false promise of marriage. Relying on this promise, she continued the relationship, including stays at resorts in 2022. The complainant further alleged that the accused had cheated her by obtaining Rs. 3,54,000 and gold ornaments from her and refusing to return them upon demand. Following the registration of the FIR for offences under Sections 376(2)(n), 406, and 506 of the IPC, the appellant’s applications for anticipatory bail and for quashing the FIR were both dismissed by the Kerala High Court, leading to the present appeals before the Supreme Court.
Procedural History:
The procedural history of the case commenced with the filing of an FIR alleging offences under Sections 376(2)(n), 406, and 506 of the IPC. The appellant first approached the Kerala High Court seeking anticipatory bail, which was dismissed on 06.07.2022. Subsequently, the appellant filed a petition under Section 482 of the CrPC seeking quashing of the FIR, which was also dismissed by the High Court on 08.11.2024. Aggrieved by these orders, the appellant filed two Special Leave Petitions before the Supreme Court. The apex court issued notice and granted protection from coercive action. Eventually, the court encouraged a settlement, leading to the appellant agreeing to return the disputed money and gold, and the appeals were disposed of based on these terms.
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Court Observation:
The Supreme Court, while disposing of the appeals, primarily focused on the amicable settlement reached between the parties. The Court observed that the appellant had expressed willingness to return the sum of Rs. 3,54,000 and the gold ornaments to the prosecutrix to give a quietus to the entire dispute. Consequently, the Court issued directions for the implementation of this settlement, ordering the deposited cash to be released from the Trial Court and the gold to be deposited with and subsequently released by the Registrar General of the Kerala High Court to the prosecutrix or her nominee. The appeals were thus allowed and disposed of in these terms, resolving the criminal proceedings.
Final Decision & Judgement:
The Supreme Court allowed the appeal arising from SLP (Crl.) No. 17845 of 2024 and disposed of the appeal arising from SLP (Crl.) No. 18408 of 2024 in the terms of the settlement. The final judgement directed that the sum of Rs. 3,54,000 deposited by the appellant before the Trial Court be released to the second respondent (prosecutrix) or her nominee. It further ordered the appellant to deposit the gold ornaments, weighing 20.040 grams, with the Registrar General of the Kerala High Court, who was then mandated to release it to the prosecutrix or her nominee upon a verified application. With these directions, the criminal proceedings against the appellant were brought to a conclusion.
Case Details:
Case Title: X vs. State of Kerala & Another Citation: 2025 INSC 1243 Criminal Appeal No: (Arising out of SLP (Crl.) No.17845 of 2024) Date of Judgement: September 15, 2025 Judges/Justice Name: Justice B.V. Nagarathna and Justice R. Mahadevan
Download The Judgement Here