Madhya Pradesh HC Quashes Rape Case, Citing Long-Term Consensual Relationship Between Accused and Complainant

Madhya Pradesh HC Quashes Rape Case, Citing Long-Term Consensual Relationship Between Accused and Complainant

The Madhya Pradesh High Court has dismissed a rape case filed by a woman against a man, stating that the two had been in a consensual relationship for more than 10 years.

In his order dated July 2, Justice Sanjay Dwivedi also remarked that the case seemed to be an abuse of the legal process.

According to the order, both the woman and the man are educated individuals who engaged in consensual physical relations for over 10 years. The court noted that their relationship ended after the man declined to marry her. However, the court emphasized that these circumstances did not justify filing a rape case against the petitioner (man).

"In my opinion, as per the factual circumstances, as have been narrated by the prosecutrix (woman) in her complaint and also in her statement of 164 CrPC, this case cannot be considered to be a case of rape as defined under Section 375 of IPC (Indian Penal Code) and the prosecution is nothing but appears to be an abuse of process of law," the court said.

In this matter, the court clarified that IPC section 366 (pertaining to inducing a woman to compel her for marriage) does not apply to the man. Consequently, the court ruled that the offence registered against the petitioner under Section 366 of the IPC at a later stage is also subject to be annulled.

The man was booked for rape and other charges by the Police Station Mahila Thana in Katni district in November 2021. He eventually moved the HC for relief. 

 

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