Court holds that mere breakdown of a voluntary relationship initiated via matrimonial website does not amount to rape; emphasizes consent and maturity of parties involved
In a significant judgment delivered on October 9, 2026, the Uttarakhand High Court, presided over by Mr. Justice Alok Mahra, set aside the order rejecting discharge and framing charges under Section 376 of the Indian Penal Code (IPC) against Kunal Bhakat. The case arose from allegations of rape filed by a woman who had a consensual physical relationship with the accused after both met on a matrimonial website.
The Court examined the facts wherein both parties were educated, mature adults who voluntarily entered into a relationship following interactions between their families. The physical relationship was established during joint trips to tourist destinations such as Rishikesh and Coorg, accompanied by mutual friends. The complainant alleged that the accused later neglected her, leading to the filing of a complaint under the Protection of Women from Domestic Violence Act and subsequent registration of an FIR for rape.
Upon review, the High Court underscored the legal principle that consent is central to the definition of rape under Section 375 IPC. The Court emphasized that when two consenting adults engage in a physical relationship with full understanding and voluntariness, the mere failure or breakdown of the relationship does not attract criminal liability. The Court noted that the complaint was filed months after the alleged incidents and that no immediate protest was made by the complainant during or after the occasions of physical intimacy.
The Court further observed that while the trial court at the charge-framing stage is required to see if there is a prima facie case, there must be sufficient and legally sustainable material on record to proceed. It held that the impugned order lacked proper application of mind and was passed in a cursory manner.
Consequently, the Uttarakhand High Court allowed the criminal revision petition, set aside the trial court's order dated April 22, 2025, and quashed the entire proceedings against the revisionist, Kunal Bhakat, under Section 376 IPC.
This judgment reaffirms the importance of consent and voluntariness in sexual relationships between adults and cautions against the criminalization of failed personal relationships. It reiterates that the law must be carefully applied to protect the rights of individuals without encroaching upon their autonomy and dignity.
Bottom Line:
Penal Code, 1860, Section 376 - Consensual physical relationship between two educated major adults arising out of a voluntary relationship after meeting on a matrimonial website - Mere failure or breakdown of relationship does not by itself attract criminal liability for rape - Order rejecting discharge and framing charge set aside and proceedings quashed.
Statutory provision(s): Indian Penal Code, 1860 Section 375, Section 376; Protection of Women from Domestic Violence Act, 2005 Section 12
Kunal Bhakat v. State of Uttarakhand, (Utt) : Law Finder Doc Id # 2997305
