Distance or breakup no basis for rape charges in consensual relation: SC

June 16, 2025 by News Desk

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Advocate Sanjeev Sirohi

In a powerful affirmation of individual autonomy and legal clarity, the Supreme Court of India has ruled that a consensual relationship turning sour or emotional distance between partners cannot justify invoking the State’s criminal machinery under rape charges—delivering a landmark judgment that seeks to curb the misuse of sexual offence laws.

It is extremely refreshing to see that while striking the right note, the Supreme Court, in a learned, laudable, landmark, logical, and latest judgment titled Amol Bhagwan Nehul vs. State of Maharashtra & Anr. in Criminal Appeal of 2025 [Arising out of SLP (Crl.) No. 10044 of 2024], and cited as Neutral Citation No.: 2025 INSC 782—pronounced recently on May 26, 2025, while exercising its criminal appellate jurisdiction—has rationally quashed rape charges against a man.

The Court held, clearly and convincingly, that a consensual relationship turning sour or partners growing distant cannot be grounds for invoking the State’s criminal machinery.

A Division Bench of the Apex Court comprising Hon’ble Ms Justice B.V. Nagarathna and Hon’ble Mr Justice Satish Chandra Sharma delivered this judgment while allowing the appeal filed by Amol Bhagwan Nehul. The appeal was against an order of the Bombay High Court which had dismissed Nehul’s plea seeking the quashing of a criminal case registered against him under Sections 376, 376(2)(n), 377, 504, and 506 of the IPC.

The Court rightly quashed all proceedings arising from the FIR lodged in July 2023. It also directed that any bail bonds furnished by the appellant be cancelled.

At the outset, this brief yet bold and balanced judgment, authored by Hon’ble Mr Justice Satish Chandra Sharma for the Bench, sets the stage by stating in paragraph 2:

“This appeal by special leave is directed against the impugned order dated 28.06.2024 passed by the High Court of Judicature at Bombay in Crl. W.P. No. 3181 of 2023, whereby the petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of Criminal Case C.R. No. 490/2023 dated 31.07.2023—filed for offences punishable under Sections 376, 376(2)(n), 377, 504, and 506 IPC and registered at Karad Taluka Police Station, Satara—was dismissed. The appellant also challenged the chargesheet dated 26.09.2023 and proceedings in RCC No. 378/2023 pending before the Additional Sessions Judge, Karad.”

Facts of the Case (as recorded in para 3),”The FIR alleges that between 08.06.2022 and 08.07.2023, the appellant forcibly had sexual intercourse with the complainant on the false promise of marriage. The complainant, previously married and living with her four-year-old son, alleged that the appellant—a 23-year-old B.Sc. (Agriculture) student—entered into a relationship with her under false assurances. She claimed instances of sexual contact on multiple occasions and also alleged financial exploitation.

Key observations from para 8 of the judgment: (a) Even if the allegations are taken at face value, it does not appear that the complainant’s consent was obtained by coercion or under a false promise of marriage. The relationship was consensual and continued for over a year. Her conduct, including repeated meetings and visits to lodges, contradicts her allegations.

(b) The consent, as defined under Section 90 IPC, does not appear to have been obtained under a misconception of fact. The complainant obtained a Khulanama from her ex-husband in December 2022, and the relationship with the appellant had already commenced by then. The promise to marry while still married is unenforceable.

(c) There is no evidence of coercion or threats to attract an offence under Section 506 IPC. The complainant’s sudden agitation only after the appellant left for his hometown suggests the complaint was motivated by personal grievance.

(d) It is unreasonable to believe that a previously married woman with a child would be continuously deceived by the appellant or sustain a prolonged physical relationship if she had truly been assaulted.

Core of the Judgment (para 9), “In our considered view, this is not a case involving a false promise to marry from the outset. A consensual relationship turning sour or partners growing distant cannot be a ground for invoking the criminal justice system. Such misuse burdens courts and tarnishes the identity of the accused. Courts have repeatedly warned against the misuse of Section 376 IPC, as seen in Naim Ahmed vs. State (NCT of Delhi), 2023 SCC Online SC 89.”

Further Directions (paras 11–13),”The Court noted that the appellant is only 25 years old and that it would serve justice to quash the proceedings at this stage. The appeal was allowed, the impugned High Court order set aside, and all proceedings arising from the FIR and chargesheet were quashed. Any bail bonds furnished were ordered to be cancelled. Pending applications, if any, were disposed of.

While the Court’s judgment addresses the legal merits of this specific case and highlights concerns around the misuse of criminal provisions, broader societal conclusions should be approached with caution. Statements implying that women should be punished for reporting rape or that their conduct should be morally policed are deeply problematic, harmful, and contrary to constitutional and ethical values. The legal principle remains that consent must be free, informed, and voluntary, and each case must be assessed on its facts without resorting to gender stereotypes or sweeping generalizations.

If legislative reform is considered, it must be balanced, evidence-based, and sensitive to the rights and vulnerabilities of all genders. Suggesting punitive measures for false complaints should not deter genuine survivors of sexual assault from coming forward. Rather, reforms should strengthen procedural safeguards while ensuring justice for both complainants and the accused.

Advocate Sanjeev Sirohi, from Meerut, Uttar Pradesh writes legal articles for The Kashmiriyat.