Court rules prolonged consensual relationship does not constitute rape on false promise of marriage.
In a significant ruling, the Allahabad High Court has quashed the criminal proceedings against Ajay Saini, who was accused of rape on the pretext of a false promise of marriage. The court found inconsistencies in the victim's statements and observed that a prolonged consensual relationship between two adults cannot be termed as rape merely due to the non-fulfillment of a marriage promise.
The judgment, delivered by Justice Avnish Saxena, was based on an application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by Ajay Saini, seeking to quash the charge sheet and proceedings against him. The court noted that the allegations made by the victim were inconsistent and lacked specific details about the incidents. It highlighted that the case involved a consensual relationship that spanned over four years, during which both parties were aware of their actions.
The FIR, lodged by the victim in December 2024, accused Saini and his family members of various offenses, including rape under a false promise of marriage. However, the court found that the FIR and subsequent statements did not provide concrete details of the alleged incidents. The court emphasized that the victim's changing statements further weakened the case.
Justice Saxena referenced several Supreme Court judgments, including "Ravish Singh Rana v. State of Uttarakhand" and "Prashant v. NCT of Delhi," which state that a long-term physical relationship between adults suggests consensual participation, and a promise of marriage does not necessarily vitiate consent.
The court condemned the misuse of the criminal justice system in cases of failed relationships and stressed that such instances should not be trivialized as rape unless there is genuine evidence of coercion or lack of consent. The ruling underscores the importance of distinguishing between consensual relationships and criminal acts, thereby preventing the abuse of legal provisions.
The decision to quash the proceedings was deemed necessary to prevent the misuse of criminal jurisdiction and to uphold justice. The court's judgment marks a crucial development in interpreting the legal framework surrounding consent and false promises of marriage.
Bottom Line:
Application under Section 528 BNSS to quash criminal proceedings - Allegations of rape on false promise of marriage over four years - Court found inconsistencies in victim's statements and lack of specific details regarding incidents - Observed that prolonged consensual relationship between adults does not constitute rape solely due to non-fulfillment of marriage promise - Continuance of proceedings deemed misuse of criminal jurisdiction.
Statutory provision(s):
Section 528 BNSS, Section 180 BNSS, Section 164 CrPC, Sections 376, 328, 504, 506, 323 IPC
Ajay Saini v. State of U.P., (Allahabad) : Law Finder Doc id # 2866641
