Breakup isn’t a crime — SC slams misuse of rape laws over failed relationships

New Delhi: The Supreme Court of India on Monday ruled that a consensual relationship turning sour or partners growing distant cannot be grounds for invoking criminal proceedings.

The apex court noted that such misuse of the criminal justice system not only burdens courts unnecessarily but also tarnishes the reputation of the accused.

The judgment came while quashing a criminal case from Maharashtra, registered in July 2023, where a man faced allegations of rape on the grounds of a false assurance of marriage. A bench comprising Justices B V Nagarathna and Satish Chandra Sharma observed that even if the allegations in the FIR were accepted at face value, there was no evidence to suggest that the complainant’s consent was obtained against her will.

The court emphasised that the case did not appear to involve a false promise to marry from the start. “A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machinery of the State,” the bench said. The court further highlighted that such conduct damages the identity of an individual accused of a serious offence and results in unnecessary judicial burden.

The Supreme Court has previously cautioned against the misuse of legal provisions in cases involving breaches of promise to marry, calling it a folly to equate every breach with criminal conduct, particularly rape.

This ruling was delivered on an appeal filed by the accused, who had challenged a June 2024 Bombay High Court order that dismissed his plea to quash the case registered against him in Satara district. The FIR alleged that between June 2022 and July 2023, the accused had forcibly engaged in sexual intercourse with the complainant on the false promise of marriage.

The accused denied the allegations, and it was noted that the two had known each other since June 2022, frequently interacting and falling in love. Investigations revealed that the complainant had executed a ‘Khulanama’ — a unilateral divorce under Muslim personal law — in December 2022, indicating she was still legally married when the relationship with the accused began.

The bench found it inconceivable that the complainant would have engaged in a physical relationship based on a promise of marriage while being married to someone else. The complainant’s behaviour, including unannounced visits to the accused’s native village, indicated an agitated and unsettled state of mind, the court said.

The bench noted that the criminal proceedings were likely motivated by a disgruntled mindset rather than genuine grievance. It also pointed out the improbability of the complainant, a married woman with a four-year-old child, continuing to be deceived by the accused or maintaining a prolonged relationship if she had been sexually exploited.

Taking into account the accused’s young age of 25 and the potential impact of a trial on his future, the Supreme Court allowed the appeal and quashed the case at this preliminary stage.