Allahabad High Court Rules Physical Relationship in Long-Standing Love Affair Not Rape: Quashes Charges Against Accused
The Allahabad High Court has ruled that a physical relationship developed during a long-standing love affair cannot be categorized as rape, even if the relationship ends without marriage. The court’s decision came in the case of a man from Sant Kabir Nagar, who was accused of rape by his former partner.
“This court is of the view that even assuming that all the allegations made against the applicant herein are true for the purposes of considering the application for quashing the case under section 482 (inherent powers of high court) of criminal procedure code (CrPC), no offence under section 376 (rape) is established, as the relationship between the parties was of consensual nature and which has the approval of the family as well and the initial promise of marriage by the applicant herein was not false.”
The court further observed,
“Since, the relationship between the parties was longstanding and the victim as well as her family members knew the consequences of the relationship, therefore, any subsequent breach of such relationship would not amount to the offence of rape.”
The case dates back to 2008 when the accused, identified as Jiyaulla, met the complainant at her sister’s wedding in Gorakhpur. Over time, they developed a romantic relationship. In 2013, they became physically involved. The complainant’s family even sent Jiyaulla to Saudi Arabia for work. However, upon his return, he refused to marry the complainant, leading her to file a rape case against him at the Mahila Thana in Sant Kabir Nagar.
The court accepted the arguments presented by the defense, which stated that the complainant was an adult at the time of the relationship and had entered it consensually. The court concluded that the chargesheet filed by the police against Jiyaulla was to be quashed.
Case Counsel:
- For the Petitioner: Not specified
- For the Respondent: Justice Anish Kumar Gupta of the Allahabad High Court
