Pradeep Kumar Kesarwani v. State of Uttar Pradesh & Anr., 2025

The Appellant (accused) was summoned by a Magistrate for the offence of rape on the false pretext of marriage based on a complaint filed by the complainant.

The Appellant challenged this order before the Allahabad High Court under Section 482 Cr.P.C., which refused to quash the proceedings.

The matter reached the Supreme Court where the appellant argued:

• The relationship was consensual.

• They later mutually parted ways.

• The complaint was filed after 4 years (in 2014), raising questions of delay and credibility.

The Supreme Court set aside the orders of both the Magistrate and the High Court.

It held that:

• The Magistrate erred in passing the summoning order.

• The High Court overlooked relevant aspects while rejecting the petition under Section 482.

• The complaint lacked credibility, especially given the 4-year delay without adequate explanation.

The Supreme Court also laid down a structured 4-step test for High Courts to follow when considering quashing petitions under Section 482 Cr.P.C.

The Court has made a significant contribution by articulating a clear, step-wise test for quashing criminal proceedings:

• These steps emphasize the quality, sufficiency, and reliability of the materials relied upon by the accused.

• The ruling is aimed at preventing misuse of judicial process, especially in frivolous or malicious prosecutions.

• The Court stressed judicial economy by stating that continuing such cases wastes valuable court time, especially where conviction is highly unlikely.

• This case adds substantive clarity to the scope of Section 482 Cr.P.C., now aligned with Section 528 of the BNSS.

The decision also strengthens due process safeguards for the accused, ensuring that trials do not proceed in cases where the foundational complaint lacks integrity or reasonableness.