The Supreme Court has reprimanded the ex -girlfriend who accused its partner of rape on Monday (May 26, 2025) for breaking the relationship. The court said that the sorrow in the consensual relationship or the distance between the loving couple cannot be the basis for starting a criminal process and it not only puts the burden on the courts, but also stains the accused’s domination. The court said that from the record, it does not seem that the boy only promised marriage and made a physical relationship with the woman without her will, while she was already married to someone else.
The Supreme Court made this comment in July 2023, dismissing the criminal case registered against a person in Maharashtra. The person was accused of raping a woman by falsely promising marriage. A bench of Justice BV Nagratna and Justice Satish Chandra Sharma said that even if the allegations made in the FIR are considered correct, but the record does not seem that the complainant’s consent was taken against his will and only on the promise of marriage.
The bench said, ‘In our view, this is not a case in which a false promise to marry in the beginning. There cannot be a sourness in the consent -formed relationship or distance between partners, starting a criminal process. The Supreme Court said, “This kind of conduct not only puts a burden on the courts, but also tainted the person accused of such heinous crime.”
The bench said that the Supreme Court has repeatedly warned against misuse of provisions and has said that it is indispensable to prosecute a person in the crime of rape by considering every violation of marriage promise as a false promise. The Supreme Court gave its verdict on the appeal filed by the accused, in which the Bombay High Court’s order of June 2024 was challenged. The High Court had dismissed his plea to cancel the case registered against him for alleged crimes including rape in Satara.
The court said that the case has been registered on the complaint of the woman, who has alleged that during June 2022 to July 2023, the accused forcibly made sex with her by making false promises of marriage. However, the accused denied the allegations. The bench said that after the FIR was registered, the accused approached the lower court for anticipatory bail, which was approved in August 2023.
The Supreme Court said that the accused and the complainant were familiar with each other since June 2022 and admitted themselves that they often interacted and fell in love. The bench said, “It is not worth believing that the complainant promised to have a physical relationship with the appellant (accused), while the woman was already married to someone else.”
The Supreme Court accepted the appeal and quashed the order of the High Court. The bench said, “Keeping in mind that the appellant’s age is only 25 years, it would be in the interest of justice that he does not face adjacent trial and hence the proceedings are canceled.”
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