The Supreme Court of India recently passed an order where it stated that where a physical relationship that was consensual in nature led to the solemnization of marriage cannot be constituted as Rape under sections 376 and 506 of the Indian Penal Code.

The case involved an appeal challenging a judgment from the Allahabad High Court, with Justices Abhay S. Oka and Pankaj Mithal presiding. In this matter, the victim, the daughter of the third respondent, was studying banking in Lucknow, while the appellant ran IIT coaching classes in Delhi. The two developed a romantic relationship, and the appellant promised to marry the victim.

When the third respondent proposed marriage, the appellant's father and brother declined. Pressured by the victim, the appellant fabricated a marriage certificate from Arya Samaj Mandir. Through deceit, the appellant engaged in a physical relationship with the victim and later left her in Sitapur. An FIR was filed under Sections 376 and 506 of the Indian Penal Code.

The appellant filed a writ petition to quash the FIR, but the Allahabad High Court rejected it. The Supreme Court, upon reviewing the victim's statement, concluded that their relationship was consensual and resulted in marriage. The legal notice from the appellant also admitted the marriage's occurrence, undermining the claim that the physical relationship was based on false promises.

The Supreme Court deemed the FIR's allegations insufficient to proceed against the appellant, stating that no prudent person could conclude that there were grounds for prosecution. Consequently, the Court allowed the appeal and quashed the FIR.

Case: Ajeet Singh vs State of Uttar Pradesh & Ors. 

CRIMINAL APPEAL NO. 32 OF 2024 (Arising out of Special Leave Petition (Crl.) no.147 of 2017).

Click to read/download judgment.