Consensual adulterous relationship from the beginning does not constitute rape: Allahabad High Court 

“A long-standing consensual relationship, without evidence of cheating or inducement to marry”, does not constitute rape observed the Allahabad High Court Bench presided by Justice Anish Kumar Gupta on an application filed under Section 482 of the Criminal Procedure Code (CrPC) seeking quashing of chargesheet and the entire criminal proceedings in case under Sections 376 and 386 of the Indian Penal Code, 1860. The Court emphasized that consensual relationships, even if they later end, cannot automatically lead to rape charges unless there is clear evidence of deception regarding the promise of marriage.

An overview of the case is that the informant, being the resident of Moradabad District, under the false pretext of marriage got raped by the accused, which raised a question under what legal capacity she engaged in a consensual physical relationship and later on charged with an offense of rape when marriage is denied by the other end. Also, she added that he breached her promise to get married by quoting lame excuses and got secretly engaged to another lady on 31/12/2017. Henceforth, the informant took a stand that she was continuously raped on the pretext of a promise to marry and even threatened to publish their private videos, which were recorded without her knowledge. Also, he demanded a bribe of Rs. 50,00,000/- within 15 days, or else he would kill her and both of her sons and defame her by making her videos public on which she lodged an FIR for the offenses under Section 376 (Rape) and 386 (Extortion by putting a person in fear of death or grievous hurt) of the Indian Penal Code, 1860.

However, the accused moved the high court under section 482 (inherent powers of high court) under the Criminal Procedure Code (CrPC), seeking to quash the charge sheet and the entire criminal proceedings.

The court observed that the informant who is a widow and the accused 26 years of age had ‘maintained a consensual physical relationship for nearly 12-13 years’ even when the informant’s husband was alive. Also, he was an employee in her late husband’s business.

In a reference to the Supreme Court’s decision in Naim Ahamed vs. State of Haryana, the high court restated that it would be unwise to consider every breach of promise to marry as a false promise and to charge an individual with the crime of rape under Section 376 IPC. The criminal proceedings came to be quashed by the court. The court held that the allegations did not meet the legal standards necessary for charges of rape or extortion.

Case details: Shrey Gupta v State of UP, Application under Section 482 No. 6789 of 2019

Decided on 01-10-2024
Counsel for Applicant: Irfan Hasan,Vijit Saxena 

Counsel for Opposite Party: G.A.,Jagdev Singh