Consensual Relationship Not Rape: P&H HC
The Punjab and Haryana High Court has held that where an adult woman voluntarily engages in a prolonged sexual relationship, such conduct cannot be construed as arising from a “misconception of fact” to attract the offence of rape under Section 376 of the Indian Penal Code. The Court quashed the FIR in exercise of its inherent powers under Section 482 CrPC.
Justice N.S. Shekhawat passed the order while allowing a petition seeking quashing of an FIR registered under Section 376(2) IPC.
The FIR had been registered on the complaint of the husband of the prosecutrix, alleging that the petitioner, a skating coach known to the family, had developed relations with the woman and later established physical relations forcibly while also blackmailing her.
The petitioner contended that the relationship between him and the prosecutrix was consensual and continued over a considerable period, with both families being on visiting terms.
The petitioner argued that:
- The relationship was voluntary and continued over time
- No material evidence of coercion or blackmail emerged during investigation
- The FIR was an afterthought following matrimonial discord
The State opposed the plea, maintaining the allegations in the FIR.
The Court examined the contents of the FIR and surrounding circumstances, noting that:
- The prosecutrix and the petitioner had developed friendly relations which later became physical
- The relationship continued over a prolonged duration
- The prosecutrix disclosed the relationship only after being confronted by her husband and threatened with divorce
The Court observed that such circumstances indicated a consensual relationship, rather than one induced by misconception of fact.
Importantly, the Court held that consensual sexual relations between adults cannot be retrospectively converted into rape allegations merely because the relationship later deteriorates.
While noting that courts ordinarily refrain from interfering at the stage of investigation or trial, the High Court reiterated that it may exercise powers under Section 482 CrPC to:
- Prevent abuse of process of law
- Secure the ends of justice
The Court found the present case fit for such intervention.
Final Decision
Concluding that the essential ingredients of rape were not made out, the High Court quashed the FIR and all consequential proceedings against the petitioner.
