Adults Can't Use Rape Law As Tool To Criminalise Breakups In Consensual Relationships: Delhi High Court

The Delhi High Court has recently ruled that adults cannot use rape law as a tool to criminalize breakups when the relationship was consensual between two individuals.

Justice Swarana Kanta Sharma said that failed relationships cannot be given a criminal colour, also warning against the misuse of rape charges invoked in broken romantic relationships.

“An educated and independent adult, upon entering into a consensual relationship, must also recognise that the law cannot be invoked to criminalise the mere failure of a relationship. The dissolution of a relationship, by itself, does not give rise to criminal liability. Such matters must be approached with sensitivity, restraint, and due respect for the autonomy and choices of both individuals involved,” the Court said.

It added that an adult who voluntarily enters into a romantic relationship after exercising free and conscious choice must be aware of the inherent uncertainties attached to such relationships.

“While many individuals are able to accept the breakdown of a relationship with maturity, there may be cases where emotional distress, disappointment, or wounded feelings influence subsequent actions. In such situations, allegations may sometimes arise which are rooted more in personal grievance than in the commission of a criminal offence. Courts are therefore required to exercise caution and discernment while examining such allegations, particularly where the material on record reflects a consensual relationship between adults,” the Court said.

Justice Sharma made the observations while quashing an FIR alleging rape and caste-based atrocity filed by a woman against a man. The FIR was registered under Section 376 of the Indian Penal Code, 1860 and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The woman contended that the accused had made romantic advances towards her and thereafter physically, mentally and sexually exploited her on false pretext of marriage.

Quashing the FIR, Justice Sharma said that the WhatsApp chats between the parties indicated that it was the prosecutrix who, for the first time, expressed feelings of love and affection towards the accused.

The Court said that the exchanges did not prima facie reflect any immediate protest, distress, or allegation of coercion. It further added that the chats did not disclose any assurance or promise of marriage extended by the accused at any point of time.

“The exchanges, when read as a whole, indicate a consensual romantic relationship rather than one founded on a promise of marriage,” the Court said.

Justice Sharma said that the case was an example of a failed relationship, wherein the decision of the man to withdraw from the relationship was not accepted, and the consequences of such breakdown were sought to be addressed through the initiation of criminal proceedings.

“Such misuse of penal provisions, which are otherwise enacted to protect genuinely aggrieved persons, not only undermines the object of the law but also contributes to an undue burden on the criminal justice system through the registration of false or frivolous FIRs,” the Court said.

Counsel for Petitioner: Mr. Bajinder Singh Subhash Choudhary, Advocate

Counsel for Respondents: Mr. Manoj Pant, APP for the State; Ms. Tara Narula and Ms. Shivangi Sharma, Advocates for R-2 along with R-2-in-person

Title: DR AVADESH KUMAR v. STATE NCT OF DELHI AND ANOTHER

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