The Delhi High Court recently observed that not every relationship culminates in marriage and that the law cannot be invoked to criminalise failed ties between consenting adults.
Justice Swarana Kanta Sharma said that such cases need to be approached with sensitivity, restraint and respect for the autonomy of choice.
“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.
The Court added that an educated adult who voluntarily enters into a romantic relationship must be aware of the inherent uncertainties attached to such relationships.
“It is neither inevitable nor assured that every romantic relationship will result in marriage. Relationships may end for a variety of personal, practical, or circumstantial reasons, including incompatibility or change in individual priorities."
The observations were made by the Court as it quashed a rape and Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act) case against a Delhi-based academic.
The case arose from a first information report (FIR) registered in September 2023, accusing the man of rape and caste-based abuse following the end of a long personal relationship.
After examining WhatsApp conversations and other documents, the Court concluded that the relationship was consensual and that criminal law had been invoked after it turned sour.
It added that the allegation of false promise of marriage is also not borne out from the record.
“In the present matter, the prosecutrix has levelled allegations against the petitioner, attracting the provisions of Section 376 of the Indian Penal Code and Section 3(2)(v) of the SC/ST Act. Such allegations, by their very nature, are grave and carry serious consequences, with the potential to tarnish not only the reputation of the accused but also that of his family,” the Court added.
Advocates Bajinder Singh and Subhash Choudhary appeared for the petitioner.
Additional Public Prosecutor Manoj Pant represented the Delhi Police.
Advocates Tara Narula and Shivangi Sharma appeared for the prosecutrix.
[Read Judgment]