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january 2024

Supreme Court of India · 2024-01-30

SHEIKH ARIF vs THE STATE OF MAHARASHTRA

Citation / case number
SC 2021/12090
Court
Supreme Court of India
Petitioner
SHEIKH ARIF
Respondent
THE STATE OF MAHARASHTRA
Author
ABHAY S. OKA
Bench
HON'BLE MR. JUSTICE UJJAL BHUYAN HON'BLE MR. JUSTICE ABHAY S. OKA

Judgment text excerpt

The Supreme Court addressed the validity of a First Information Report (FIR) filed under Sections 376(2), 377, 504, 506 IPC and various clauses of Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989. The Court held that the question of whether the relationship was based on a false promise of marriage is a matter of evidence to be determined at trial, thereby upholding the FIR's validity. The Court emphasized that consent and the nature of the relationship are critical issues that require thorough examination during the trial process.

SHEIKH ARIF vs THE STATE OF MAHARASHTRA · Niyam