The Allahabad High Court has quashed criminal proceedings against a man accused of rape, observing that no offence under Section 376 of the Indian Penal Code was made out in the case. The court held that the complaint appeared to have been filed because the complainant was dissatisfied with the applicant’s conduct rather than because of any criminal offence.
The court noted that the complainant married the applicant after the first information report (FIR) had been registered. According to the court, this circumstance suggested that the FIR was lodged with the intention of pressuring the applicant into marriage. It described the matter as falling within the “rarest of the rare” category where continuation of criminal proceedings would amount to an abuse of the judicial process.
The case originated from Colonelganj police station in Prayagraj, where an FIR was registered in 2019 under Sections 376, 323, 504 and 506 of the IPC. The complainant, a resident of Pratapgarh, had moved to Prayagraj in 2014 to prepare for competitive examinations.
The accused, who was a distant relative, allegedly assisted her with studies and accommodation. Over time, the two developed a close relationship and became involved romantically.
MUST READ: Setback for Telegram: Delhi HC upholds ban ahead of NEET re-test
Allegations Made in the FIR
In her complaint, the woman alleged that the accused established physical relations with her on the promise of marriage and later refused to marry her. She further claimed that he assaulted and threatened her whenever she raised the issue of marriage. However no marks of injuries have been found as officials say.
During the probe, the complainant alleged that the accused had cohabited with her and purportedly filmed an explicit video, which he later used to threaten and intimidate her. She also acknowledged that a symbolic marriage ceremony had taken place in the presence of the accused’s relatives.
Following the investigation, police submitted a chargesheet in 2020. A magistrate took cognisance of the matter in 2021, after which the accused approached the Allahabad High Court seeking quashing of the criminal proceedings.
High Court Examines Nature of Relationship
After considering the evidence and arguments presented by both parties, the High Court concluded that the relationship had continued for several years and was based on mutual consent.
The court said converting a failed long-term consensual relationship into a rape case would constitute misuse of criminal law.
The court observed that there was nothing on record to indicate that the accused had intended to deceive the complainant from the very beginning.
The court referred to several Supreme Court rulings, including those in the cases of Pramod Suryabhan Pawar, Ravish Singh Rana and Deepak Gulati.
Five-Year Relationship Considered Significant
The High Court noted that the relationship lasted from 2014 to 2019, spanning nearly five years. It observed that it would be difficult to conclude that consent was given on every occasion solely because of a promise of marriage.
The court observed that the failure of a prolonged consensual relationship cannot automatically be classified as rape, noting that doing so would constitute an improper application of criminal law.
The court held that the case involved a consensual relationship that later deteriorated rather than one founded on deception through a false promise of marriage.
Citing Supreme Court’s ruling in the Bhajan Lal case, the High Court found the matter fit for intervention and ruled that continuing the prosecution was unwarranted, leading to the dismissal of all pending criminal proceedings.
