- Hindi news
- National
- Supreme Court on Consensual Relationship Turning Sour Cant Ground for Invoking Criminal Machinery
New Delhi17 minutes ago
- Copy link
The photo is AI generated.
The Supreme Court on Monday said that the sourness or partner’s removal in the consent relationship cannot be the basis of criminal action. Such cases are not only a burden on the courts but also tarnish the identity of the accused. The Supreme Court made this remark, dismissing the case of raping a woman by giving false assurance of marriage.
The bench of Justice Biwi Nagratna and Satish Chandra Sharma said that even though the allegations made in the FIR are considered correct, the record does not seem that the complainant’s consent was taken against his will and only on assurance of marriage.
The bench said- In our view, it is not even a case where a false promise of marriage has been made initially. We have repeatedly warned against misuse of provisions. It is foolish to consider a violation of every promise of marriage to be a false promise and to prosecute a person for rape.
The Supreme Court ruled on the appeal of the accused, which challenged the June 2024 order of the Bombay High Court. The High Court had rejected the petition to cancel the case registered against the accused for rape in Satara.
Know what was the whole matter
The Supreme Court said during the hearing that the case was registered on the woman’s complaint, alleging that during June 2022 to July 2023, the accused forcibly had sex with her by giving false assurance of marriage. While the accused denied the allegations. After the FIR was registered, the accused approached the lower court for anticipatory bail, which was approved in August 2023.
The accused and the complainant were familiar since June 2022 and admitted themselves that they often interacted and fell in love. The investigation has also revealed that Khulnama was given on 29 December 2022, which the complainant received from his ex -husband. A Muslim woman opens allows her husband to give unilateral divorce by returning her husband.
The court said that a criminal case against the accused is probably being run with a hidden motive and disgruntled mood. There is also no possibility that any woman who is already married, who has a four -year -old child, will continue to cheat the accused.
The court accepted the appeal of the accused and quashed the High Court order.
