Consensual relationship and breach of promise to marry do not constitute rape

Bombay High Court Quashes Rape Charges in Consensual Relationship Case Court finds no evidence of deceit in engagement-related breach of promise to marry

In a significant ruling, the Bombay High Court, Nagpur Bench, quashed the FIR and charge-sheet against Bhimrao @ Ravi in a case involving allegations of rape under the pretext of marriage. The court found that the relationship between the applicant and the complainant was consensual and the promise of marriage was genuine, with no intention of deceit.

The case revolved around charges filed under Sections 376, 376(2)(n), and 420 of the Indian Penal Code, following a complaint by the woman who alleged that Ravi had engaged in sexual relations with her under the false promise of marriage. The couple had initially met through a matrimonial portal and were engaged, but the marriage was postponed due to family disapproval.

The judgment, delivered by Justices Urmila Joshi-Phalke and Nandesh S. Deshpande, highlighted that the promise to marry was not made with malicious intent to deceive. The bench noted that the couple, both aged 28, were mature individuals in a consensual relationship, and the engagement indicated a genuine intention to marry. The court emphasized the distinction between a breach of promise and criminal conduct, stating that the continuation of criminal proceedings in this context would constitute an abuse of the judicial process.

The court referred to previous judgments, including those by the Supreme Court, which clarified that not all breaches of promise to marry amount to rape, especially when the promise was genuine but couldn't be fulfilled due to unforeseen circumstances.

Bottom Line:

Consensual relationship and breach of promise to marry do not constitute rape unless it is established that the promise of marriage was made solely to obtain consent for sexual relations without any intention of fulfilling the promise from the outset.

Statutory provision(s): Indian Penal Code, 1860 - Sections 376, 376(2)(n), 420

Bhimrao @ Ravi v. State of Maharashtra, (Bombay)(DB)(Nagpur Bench) : Law Finder Doc Id # 2806722