Relationship turning sour can’t be ground for filing rape case, rules SC

Holding that a consensual relationship turning sour cannot be a ground for filing a rape case against the man, the Supreme Court has acquitted a 25-year-old man from Maharashtra, who allegedly had sex with a married woman on the false promise of marriage.

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“In our considered view, this is also not a case where there was a false promise to marry to begin with. A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of the State,” a Bench of Justice BV Nagarathna and Justice Satish Chandra Sharma said in its May 26 verdict.

Justice Sharma said, “Such conduct not only burdens the courts but also blots the identity of an individual accused of such a heinous offence. This court has time and again warned against the misuse of the provisions and has termed it a folly to treat each breach of promise to marry as a false promise and prosecute a person for an offence under the IPC Section 376 (rape).”

The Supreme Court allowed the man’s appeal against the Bombay High Court’s June 28, 2024, order dismissing his petition seeking quashing of a criminal case registered against him at the Karad Taluka police station, Satara in Maharashtra.

The Bench said, “Taking into consideration that the appellant is just 25 years old and has a lifetime ahead of him, it would be in the interest of justice that he does not suffer an impending trial and, therefore, the proceedings… are quashed at this stage itself.”

The court further said that it was inconceivable that the complainant had engaged in a physical relationship with the appellant on the assurance of marriage, while she was already married to someone else.

“There is also no reasonable possibility that the complainant or any woman who has married before and has a child of four years, would continue to be deceived by the appellant or maintain a prolonged association or physical relationship with an individual who has sexually assaulted and exploited her,” the top court noted.

The appellant (man) and the complainant were acquainted since June 8, 2022, and the complainant herself admits that they interacted frequently and fell in love.

The court pointed out that the complainant had alleged that the appellant had engaged in a physical relationship without her consent; however, she not only sustained her relationship for over 12 months but visited him in lodges on two separate occasions. “The narrative of the complainant does not corroborate with her conduct,” it said, allowing the man’s appeal.