The Supreme Court on Wednesday quashed a rape case against a man citing girl's prolonged association and physical relationship with him, implying her consent [Prashant v. State of NCT of Delhi].
A Bench of Justice BV Nagarathna and Justice N Kotiswar Singh said that a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings against the man.
The Court was of the view that it was inconceivable for the girl-complainant to maintain a prolonged relationship with the accused without her consent.
"A mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. What was a consensual relationship between the parties at the initial stages cannot be given a colour of criminality when the said relationship does not fructify into a marital relationship," the Court observed.
The Court expressed surprise on the allegation of accused finding complainant's address and forcefully having sexual relationship with her.
The accused could not have gotten to know the complainant's address unless it was voluntarily disclosed by her, the Bench said.
"It is inconceivable that the complainant would continue to meet the appellant or maintain a prolonged association or physical relationship with him in the absence of voluntary consent on her part. Moreover, it would have been improbable for the appellant to ascertain the complainant's residential address, as mentioned in the FIR unless such information had been voluntarily provided by the complainant herself," the Court observed while quashing case against man accused of repeatedly raping a woman on the false pretext of marriage.
The complainant filed a First Information Report (FIR) in 2019, alleging that the appellant-accused sexually abused her under the false promise of marriage.
In her complaint, she further said that the accused had warned her to continue having sexual intercourse or he would hurt her family.
The appellant was booked under sections 376(2)(n) (repeated rape) and 506 (criminal intimidation) of the Indian Penal Code, 1860 (IPC). The Delhi High Court dismissed his quashing plea, ruling that there was enough prima facie evidence to proceed with the prosecution.
Aggrieved, the accused approached the apex court.
At the outset, the top court noted that the relationship between the parties was cordial and consensual in nature. It was of the view that even if the case of prosecution is taken at its face value, it cannot be concluded that the complainant engaged in a sexual relationship with accused solely on account of any assurance of marriage.
Further, the Court made it clear that a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings.
Noting that both the parties are now married and have moved on in their respective lives, the Court proceeded to quash case against the accused.
Advocates Dr Sunil Kumar Agarwal, Nikhil Tyagi, Atul Agarwal, Rakesh Kumar Khare, Kirti Sharma and Amita Agarwal appeared for accused.
Additional Solicitor General Vikramjit Banerjee, advocates Mukesh Kumar Maroria, Ajay Kumar Prajapati, Ayush Anand, Annirudh Sharma and Veer Vikrant Singh appeared for NCT of Delhi.
[Read Judgment]