Supreme Court says relationship turning sour cannot be a ground for filing rape case, cautions against misuse of the law

The Supreme Court quashed criminal proceedings against a 23-year old rape accused saying that a consensual relationship turning sour cannot be a ground for filing a rape case. A bench of justices BV Nagarathna and Satish Chandra Sharma said in its judgment dated May 26, 2025 that such cases burden the court and bring disrepute to the person accused.

The Supreme Court cautioned the courts against treating every breach of promise to marry as a false promise and then prosecuting the accused for rape. “A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of the State. Such conduct not only burdens the Courts, but blots the identity of an individual accused of such a heinous offence. This Court has time and again warned against the misuse of the provisions, and has termed it a folly to treat each breach of promise to marry as a false promise and prosecute a person for an offence under section 376 IPC,” the Court said.

The Apex Court was hearing a plea challenging an order of the Bombay High Court which declined to quash proceedings against the accused under sections 376 (rape), 376(2)(n) (repeated rape on the same woman), 377 (unnatural offences), 504 (intentional insult to provoke breach of peace), and 506 (criminal intimidation) of the IPC.

What was the case?

The complainant, a previously married woman with a 4-year old son, accused the appellant , a graduation student, of raping her between June 2022 and July 2023 on the false promise of marriage. The complainant had obtained a Khulanama (agreement for divorce by mutual consent) from her former husband and had been living with her son at her parents house since 2021.

She alleged that in July 2022, the accused entered her house at night and had sexual intercourse with her after promising to marry her once she obtained formal divorce from her husband. The accused allegedly had sexual intercourse with her later on several occasions on the same promise.

Subsequently, when the accused reduced interactions with her, she visited his home and met his parents. She said that his parents denied any possibility of marriage between the two because they belonged to different religions.

After this, she registered an FIR against the accused who filed an application before the Additional Sessions Judge at Karad seeking anticipatory bail which was granted. The man then moved the Bombay Hight Court seeking quashing of proceedings against him but the court denied him relief. The accused then approached the Supreme Court against the Bombay High Court order contending that the High Court erred in dismissing his plea. He highlighted the lack of evidence against him and the fact that the FIR was filed after a delay of 13 months.

The Supreme Court quashed the proceedings

The Supreme Court said that even if the allegations in the FIR are considered to be true, there was nothing to prove that the sexual intercourse happened against the will of the complainant and merely on the promise of marriage. “The appellant and the complainant were acquainted since 08.06.2022, and she herself admits that they interacted frequently and fell in love. The complainant engaged in a physical relationship alleging that the appellant had done so without her consent, however she not only sustained her relationship for over 12 months, but continued to visit him in lodges on two separate occasions. The narrative of the complainant does not corroborate with her conduct,” the Court observed. The court noted that there was no evidence coercion or threat of injury to the complainant to attract an offence under section 506 IPC.

The court said that there was probably an underlying motive behind the complainant action as she was probably upset because the accused had reduced interactions with her. Considering the age of the accused, the court quashed the criminal proceedings against him.

With the rise in cases of false rape cases being filed due to failed relationships or the breach of promise of marriage, the Indian courts are now exercising caution in entertaining such cases.

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