Court Rules Consensual Relationship Initiated via Dating App Not Rape on Pretext of Marriage
In a significant judgment, the Uttarakhand High Court has quashed the criminal proceedings against Ankush Sehgal, who was charged with rape under Section 376 of the Indian Penal Code (IPC). The charges were based on allegations that Sehgal had established a physical relationship with the complainant on the false pretext of marriage. The court observed that the relationship, initiated through the popular dating app Tinder, was consensual and voluntary.
The case came to light when the complainant lodged an FIR, stating that she met Sehgal through Tinder and developed a close relationship with him. The complainant alleged that after initially engaging in a physical relationship, Sehgal promised marriage, which he later reneged on, leading to the charges of rape.
Justice Siddhartha Sah, presiding over the case, highlighted that the relationship between Sehgal and the complainant was mutual and consensual, as evidenced by their continued interactions over a significant period. The court noted that the absence of marriage does not automatically transform a consensual relationship into rape.
The judgment referenced several Supreme Court cases, including Biswajyoti Chatterjee v. State of West Bengal and Samadhan v. State of Maharashtra, emphasizing that a failed relationship should not be criminalized if it was consensual and not based on any coercion or misrepresentation.
Advocates for Sehgal argued that Tinder, a non-matrimonial platform, was used for casual relationships rather than commitments of marriage, which the court acknowledged as a factor in determining the nature of the relationship. The court further observed that the complainant, being a mature individual, willingly engaged in the relationship and that the allegations seemed to be an afterthought following the end of the relationship.
In its decision, the court underscored the importance of preventing the misuse of the legal system for personal vendettas, cautioning against trivializing serious offenses like rape. The court exercised its inherent powers under Section 482 of the Criminal Procedure Code to quash the proceedings, thereby securing the ends of justice.
Bottom line:-
Physical relationship established on mutual consent through a non-matrimonial dating app cannot be construed as rape on the pretext of marriage if the relationship later turns sour and does not culminate in marriage.
Statutory provision(s): Section 376 IPC, Section 482 Cr.P.C., Section 161 Cr.P.C., Section 164 Cr.P.C.
Ankush Sehgal v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2942168
