New Delhi, Jan 22 (PTI) Educated and independent adults must recognise that the law cannot be invoked to criminalise a failed consensual relationship, the Delhi High Court has said.
Justice Swarana Kanta Sharma observed that in the Indian socio-cultural context, romantic relationships are entered into with an expectation that they would ultimately culminate in marriage but independent adults must be aware of the inherent uncertainties attached to such relationships.
Quashing a rape FIR against a man following a complaint by his former partner, the judge noted that in the present case, the parties were in a consensual relationship for four years and their WhatsApp conversations indicated mutual affection, voluntary interaction, and continued communication even after the alleged incident of rape.
Noting that the prosecutrix’s allegation of false promise of marriage to manipulate her into engaging in sexual relationship was not borne out from the record, Justice Sharma said courts must carefully scrutinise allegations of sexual assault arising out of failed relationships, particularly in cases of long-standing consensual relationships and where such promise of marriage was not “demonstrably false”.
“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,” observed the court in its judgement passed on January 12.
“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 prosecutrix also alleged that the petitioner made a caste-related remark before forcibly establishing a physical relationship with her and invoked the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
The court, however, said the verified WhatsApp chats did not reflect any caste-based abuse or conduct suggestive of the offence being motivated by the caste identity of the prosecutrix and the communication between them reflected that the petitioner addressed the prosecutrix in a normal and respectful manner. PTI ADS KVK KVK
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