Audio generated successfully: /home/lawstreet/public_html/tts_output.mp3 Long Standing Consensual Adulterous Physical Relationship Is Not Rape Allahabad High Court - LawStreet Journal
38.6c New Delhi, India, Thursday, October 09, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Long-Standing Consensual Adulterous Physical Relationship Is Not Rape: Allahabad High Court [Read Order]

By LAWSTREET NEWS NETWORK      15 October, 2024 12:56 PM      0 Comments
Long Standing Consensual Adulterous Physical Relationship Is Not Rape Allahabad High Court

Prayagraj: The Allahabad High Court quashed rape and extortion charges against a man, observing that his long-standing consensual physical relationship with a widow does not amount to rape.

Court Rules Consensual Adulterous Relationship Does Not Constitute Rape

The Single-Bench of Justice Anish Kumar Gupta held that a consensual relationship spanning 12–13 years, without any element of coercion or false promise of marriage from the outset, cannot be construed as rape.

The Court clarified that not every promise of marriage turns consensual intercourse into rape unless it is proven that the promise was false from the beginning.

"Each and every promise of marriage would not be considered a fact of misconception for the purpose of consensual sexual intercourse unless it is established that such promise of marriage was a false promise since the beginning of such a relationship," the Court said.

Extortion Charges Quashed; No Evidence of Forcible Rape

The case originated from a complaint by a widow who alleged that Gupta, who had a consensual relationship with her after the death of her husband, had promised to marry her but later got engaged to another woman. She also accused him of extortion, claiming Gupta demanded Rs. 50 lakh to suppress a video of their intimate encounters. The trial court had taken cognizance of offences under Section 376 (rape) and Section 386 (extortion) of the IPC.

Justice Anish Kumar Gupta issued the order on October 1, 2024, in response to an application under Section 482 Cr.P.C. seeking the quashing of the charge-sheet and criminal proceedings in a case registered under Sections 376 and 386 of the I.P.C.

The court noted that the relationship between the accused and the complainant spanned over 12-13 years, during which they had a consensual physical relationship. The court observed, “From the facts of the case, it is apparent that the prosecutrix had allured the applicant herein due to his subordination, as he was financially dependent on the family of the prosecutrix.”

The complainant, a married woman with two grown-up children, entered into a physical relationship with the accused while her husband was alive but ill. The relationship continued for 12-13 years without any element of deception from its inception.

The court found that the complainant was in a dominant position over the accused. No evidence was found to support the allegation of forcible rape on January 17, 2018. The medical examination conducted on March 26, 2018, found no definite evidence of rape.

Justice Gupta emphasized, “Therefore, this Court is of the considered opinion that in the instant case, no offence of rape is made out against the applicant herein, and the instant F.I.R. has been lodged by the prosecutrix out of annoyance with regard to the applicant’s engagement with another lady.”

The court observed that every promise of marriage would not be considered as a fact of misconception for consensual sexual intercourse unless it was established that such promise of marriage was false since the beginning of such relationship.
"Unless it is alleged that from the very beginning of such relationship, there was some element of cheating on the part of the accused while making such promise, it would not be treated as a false promise of marriage," the court observed.

To address these issues, the court quashed the entire proceedings of the charge-sheet dated August 9, 2018, in S.T. No. 826 of 2018, as well as the entire criminal proceedings in Case Crime No. 59 of 2018, under Sections 376 and 386 of the I.P.C., Police Station Mahila Thana, District Moradabad, pending in the Court of the Sessions Judge, Moradabad.

The court also examined the legal definition of rape under Section 375 of the IPC, which emphasizes that for an act to constitute rape, the woman's consent must be obtained through coercion, threats or under a misconception of fact.

“Under Section 375 I.P.C., the consent needs the voluntary participation of the prosecutrix in the physical relationship with the accused. The consent of such physical relationship would only be vitiated when it was given under some misconception of fact or under fear of injury to the victim or any person in whom the victim was interested,” the Court said.

Referring to the Supreme Court’s ruling in Naim Ahamed v. State of Haryana, the High Court reiterated that it would be a folly to treat every breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 IPC.

Senior Advocate VP Srivastava along with advocates Vijit Saxena and Irfan Hasan appeared on behalf of the accused.

Advocate Jagdev Singh represented the alleged victim, while Additional Government Advocate Mohd. Shoaib Khan appeared for the State.

In conclusion, the High Court has set a precedent by emphasizing the importance of considering the nature and duration of relationships in allegations of rape, particularly when there is evidence of long-standing consensual involvement.

[Read Order]



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

"No Loudspeakers For Azan, No Fundamental Right To Create Noise," Says Allahabad HC To Two Mosques [Read Judgment] "No Loudspeakers For Azan, No Fundamental Right To Create Noise," Says Allahabad HC To Two Mosques [Read Judgment]

Further reasoning of the court was based on consideration of the fact that a mixed population resides in that area, comprising Hindus and Muslims both, which lead to the tension between both the groups regarding the use of loudspeakers.

Allahabad High Court to Hear Ghazipur MPs Plea against Ban on Azaan Allahabad High Court to Hear Ghazipur MPs Plea against Ban on Azaan

Hence, although an ongoing religious practice, the use of loudspeakers in the performance of Azaan remains a debatable question.

There is NO minority in India currently: Former Justice SN Srivastava, Allahabad HC There is NO minority in India currently: Former Justice SN Srivastava, Allahabad HC

"Explore former Justice SN Srivastava's statement on the minority status in India, as he discusses the evolving dynamics of religious and cultural representation in the country.

TRENDING NEWS

pmla-appellate-tribunal-orders-immediate-release-of-seized-bmw-x7-in-hemant-soren-land-scam-case
Trending Crime, Police And Law
PMLA appellate tribunal orders immediate release of seized BMW X7 in Hemant Soren land scam case [Read Order]

PMLA tribunal orders ED to release seized BMW X7 in Hemant Soren land scam case, citing lack of proof linking the luxury car to money laundering.

08 October, 2025 08:06 PM
offence-under-category-of-upholding-family-prestige-sc-orders-release-of-man-on-remission
Trending Judiciary
'Offence under category of upholding family prestige,' SC orders release of man on remission [Read Judgment]

SC orders immediate release of life convict who served 22 years for a murder committed to uphold family honour, citing Maharashtra remission guidelines.

08 October, 2025 08:19 PM

TOP STORIES

allahabad-hc-refuses-interim-protection-to-sambhal-mosque-asks-petitioners-to-approach-appellate-court
Trending Judiciary
Allahabad HC Refuses Interim Protection to Sambhal Mosque, Asks Petitioners to Approach Appellate Court [Read Order]

Allahabad High Court refused interim protection to Sambhal mosque, directing petitioners to seek remedy before the appellate court under UP Revenue Code.

06 October, 2025 04:48 PM
calling-off-marriage-after-courtship-not-a-crime-or-breach-of-promise-delhi-hc
Trending Judiciary
Calling Off Marriage After Courtship Not A Crime Or Breach Of Promise: Delhi HC [Read Order]

Delhi High Court grants bail, ruling that ending marriage plans after courtship is not a breach of promise or offence under false promise to marry.

06 October, 2025 05:03 PM
celebrating-bail-on-social-media-not-ground-for-cancellation-without-specific-threat-to-complainant-delhi-hc
Trending Judiciary
Celebrating Bail On Social Media Not Ground For Cancellation Without Specific Threat To Complainant: Delhi HC [Read Order]

Delhi HC rules that celebrating bail on social media isn’t grounds for cancellation unless a specific threat or intimidation is proven.

06 October, 2025 05:25 PM
woman-cannot-claim-maintenance-after-securing-rape-conviction-against-live-in-partner-jammu-and-kashmir-hc
Trending Judiciary
Woman Cannot Claim Maintenance After Securing Rape Conviction Against Live-In Partner: Jammu & Kashmir HC [Read Order]

J&K High Court held that a woman who secured a rape conviction against her live-in partner cannot claim maintenance under Section 125 CrPC.

06 October, 2025 06:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email