Madhya Pradesh HC quashes FIR in rape case, rules consensual relationship cannot be termed rape [Read Order]

Madhya Pradesh: The Madhya Pradesh High Court has delivered a significant order quashing an FIR and subsequent proceedings in a rape case, ruling that a consensual relationship between two adults cannot be termed rape even if the promise of marriage is not fulfilled.

Justice Sanjay Dwivedi quashed an FIR filed against the petitioner under Sections 376, 376(2)(n), 506, and 366 of the Indian Penal Code.

The court noted that the prosecutrix, in her complaint, had alleged that the petitioner developed a physical relationship with her on the false promise of marriage. The relationship continued for about 10 years before the petitioner refused to marry her.

Justice Dwivedi observed that "It is difficult to sustain the charge levelled against the petitioner that he developed physical relation with the prosecutrix on a false promise of marriage. It is also difficult to hold sexual intercourse in the course of a relationship, which continued for over 10 years, as 'rape' especially in the facts of the complainant's own allegation."

The court emphasized that there must be adequate evidence to show that at the initial stage itself, the accused had no intention of keeping his promise to marry the victim. It noted that the failure to keep a promise made with respect to a future uncertain date does not always amount to misconception of fact.

Expressing concern over such cases, the court stated: "Needless to say, in the young age when a boy and a girl attracts towards each other and they flow in emotions and believe that they love each other, normally they carry impression that their relationship will naturally be led to marriage. However, sometimes it fails, and the girl, considering herself to be betrayed and deceived, cannot lodge the FIR saying that rape has been committed with her."

The court held that both the prosecutrix and the petitioner were major, well-educated individuals who had an affair and developed a physical relationship out of their own free will for more than 10 years. It ruled that such a relationship cannot be given the shape of rape and prosecution under Section 376 of IPC cannot be initiated.

In conclusion, the court allowed the petition by quashing the impugned FIR and the subsequent charge sheet/final report filed against the petitioner. The court also quashed the offence under Section 366 of IPC registered against the petitioner at a later point of time, finding no material or ingredient available on record to indicate that any such offence was made out against the petitioner.

[Read Order]