The Allahabad High Court has observed that a long-standing consensual adulterous physical relationship without any element of deception from its inception would not amount to rape within the meaning of section 375 of the IPC, which defines rape as sexual intercourse with a woman against her consent.
The court quashed the criminal proceedings against a man from Moradabad who was accused of raping a woman on the pretext of a promise to marry her.
The court also held that a promise of marriage does not automatically render consensual intercourse rape unless it is proven that such a promise was false from the outset.
“Each and every promise of marriage would not be considered as a fact of misconception for the purpose of consensual sexual intercourse unless it is established that such promise of marriage was a false promise of marriage on the part of the accused since the beginning of such relationship. Unless it is alleged that from the very beginning of such relationship there was some element of cheating on the part of the accused while making such promise, it would not be treated as a false promise of marriage,” the court observed.
Allowing a petition filed by one Shrey Gupta, Justice Anish Kumar Gupta quashed the criminal proceedings against the petitioner pending before the court at Moradabad. The petitioner was booked for rape on a complaint by a woman.
In her FIR lodged at Mahila Thana at Moradabad, the woman had alleged that the petitioner had established physical relationship with her under the pretext of marriage after the death of her husband.
She claimed that Gupta had repeatedly promised to marry her but later broke the promise and got engaged to another woman. She also accused him of extortion, alleging that Gupta demanded ā¹ 50 lakh to prevent the release of a video showing their intimate encounters.