Break-up of consensual relationship not basis of rape charge: SC
What's the story
The Supreme Court has ruled that a breakup of a consensual relationship cannot be treated as a criminal offense. The court quashed a rape case against an Aurangabad lawyer, Samadhan, who was accused of repeatedly raping a woman under the false promise of marriage. The decision was taken by Justices BV Nagarathna and R Mahadevan, who emphasized, "A mere break-up of a relationship between a consenting couple cannot result in initiation of criminal proceedings."
Legal clarification
Court's stance on consensual relationships and rape allegations
The court clarified, "What was a consensual relationship at the initial stages cannot be given a colour of criminality when the said relationship does not fructify into a marital relationship." It said, "There is a clear distinction between rape and consensual sex." The court also stressed that allegations of rape on false promise to marry must be supported by clear evidence from the very beginning.
Case details
Background of the case and initial court proceedings
The case dates back to a 2024 FIR filed in Chhatrapati Sambhajinagar. The complainant, a married woman living separately from her husband, had met the lawyer in 2022 during maintenance proceedings. They developed a close relationship and became physically intimate. The woman alleged that the lawyer promised to marry her but later refused, leading to her filing an FIR for rape under false promise of marriage.
Defense arguments
Lawyer's defense and Supreme Court's ruling
The lawyer argued that the complaint was vindictive after he refused to pay ₹1.5 lakh allegedly demanded by the woman. He also pointed out that she never complained of sexual assault during their three-year relationship. The Supreme Court noted an ongoing relationship with consensual intimacy, not coercion or deceit. It found no evidence of false promises from the defendant's side or that consent from the woman's side had been vitiated.
Legal misuse
Court's warning against misuse of rape provisions
The court also warned against the misuse of rape provisions in failed relationships. It said, "To convert every sour relationship into an offense of rape not only trivializes the seriousness of the offense but also inflicts upon the accused indelible stigma and grave injustice." The judges stressed that when two adults voluntarily maintain a relationship over time, consent cannot be retrospectively withdrawn.