Overview
- The bench of Justices B V Nagarathna and R Mahadevan set aside the Bombay High Court’s March order and quashed the FIR and charge sheet filed in Chhatrapati Sambhajinagar.
- The court held the long-term relationship from March 2022 to May 2024 was consensual and did not meet the threshold for ‘repeated rape’ under Section 376(2)(n) IPC.
- The judgment said giving a failed or acrimonious relationship the colour of rape trivialises the offence and amounts to misuse of the criminal justice machinery.
- The bench noted the woman, an adult who met the advocate as a client, continued the relationship voluntarily, and the FIR lacked concrete allegations of coercion, deceit or inducement.
- The court reaffirmed that consent may be vitiated where a marriage promise is proven false from inception, but such claims must rest on credible evidence rather than unsubstantiated assertions.