The Supreme Court of India has dismissed criminal proceedings linked to an FIR that included charges of rape, unnatural sex, criminal intimidation, and abuse.
The court noted that the circumstances pointed to a consensual relationship, not sexual assault. Justices BV Nagarathna and Satish Chandra Sharma stated that a consensual relationship, even if it ends badly, does not justify the use of criminal law.
Supreme Court Quashes Rape Case Filed By Married Woman Over Promise Of Marriage
The Supreme Court of India has quashed a rape case against a 25-year-old student, emphasising that a consensual relationship cannot be construed as rape solely based on a promise of marriage, especially when the complainant was already married at the time the relationship began.
The Court further emphasised that a promise to marry does not constitute rape on the grounds of false promise unless it can be shown that the accused had bad intentions right from the beginning of the relationship.
The accused had approached the Supreme Court after the Bombay High Court declined to quash the FIR, which was filed under IPC Sections 376 (rape), 376(2)(n) (repeated rape), 377 (unnatural sex), 504 (intentional insult), and 506 (criminal intimidation).
The bench of Justices BV Nagarathna and SC Sharma stated that this was not a case of a false promise of marriage from the outset. They said that a consensual relationship that later breaks down or becomes distant should not be used as grounds to trigger criminal proceedings. According to the Court, such actions not only place an unnecessary burden on the judicial system but also damage the reputation of individuals accused of serious crimes like rape. The judges reiterated that the Court has repeatedly cautioned against the misuse of rape laws and has clarified that not every failed promise to marry should be treated as a false promise justifying charges under Section 376 of the IPC.
Details About The Case
The case originated from a complaint lodged on July 31, 2023, at a police station in Karad, Maharashtra. The complainant, a divorced woman living with her four-year-old child, claimed that she was repeatedly coerced into sexual activities over a span of 13 months based on a misleading promise of marriage. The accused, a student pursuing agricultural sciences, was residing in rented housing next to her home, as per Live Law.
As per the FIR, the woman initially refused the man’s advances but eventually agreed to a physical relationship after he assured her of marriage. She also alleged that he borrowed money from her, used her car for his own needs, and engaged in acts of unnatural sex. The complaint further mentioned that she travelled to his native village to meet his family, who disapproved of the marriage due to religious differences. The FIR was registered 23 days after this visit.