New Delhi, January 23: In a significant judgment upholding personal autonomy, the Delhi High Court has ruled that educated and independent adults must recognise that the law cannot be used to criminalise a consensual relationship simply because it failed to culminate in marriage. Justice Swarana Kanta Sharma observed that while romantic ties are often entered into with the expectation of marriage, individuals must be aware of the inherent uncertainties that come with such personal choices.
Quashing of Rape and SC/ST Act Charges
The ruling came as the court quashed a First Information Report (FIR) registered against a Delhi-based academic. The man had been accused of rape under Section 376 of the Indian Penal Code (IPC) and caste-based abuse under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. 'Courts Must Distinguish Rape From Consensual Sex': Delhi High Court Grants Bail to Man Accused of Rape and Unnatural Sexual Intercourse by His Female Co-Worker.
The complainant alleged that she had been s*xually exploited on a false promise of marriage and subjected to casteist slurs. However, after examining extensive evidence - including four years of WhatsApp conversations - the court concluded that the relationship was entirely consensual and marked by mutual affection until its eventual breakdown.
Delhi High Court on the Distinction Between False Promise and Breach
A key element of the judgment was the court's clarification on what constitutes a "false promise of marriage." Justice Sharma emphasised that for a charge of rape to stand, it must be proven that the promise was made with a dishonest intention from the very beginning to secure s*xual consent.
"The dissolution of a relationship, by itself, does not give rise to criminal liability," the court stated. The judge noted that a "breach of promise" occurring due to incompatibility or changing priorities over time is vastly different from a "false promise" intended as a tool for deception. In this specific case, the court found no evidence that the accused never intended to marry the complainant at the start of their four-year association.
Warning Against Misuse of Penal Laws
The court expressed concern over the increasing trend of converting personal grievances and "wounded feelings" into criminal cases. Justice Sharma warned that misusing serious penal provisions to address the emotional distress of a breakup not only causes grave prejudice to the accused but also undermines the protection intended for genuine victims of s*xual assault. "Such matters must be approached with sensitivity, restraint, and due respect for the autonomy and choices of both individuals involved," the court added. It further noted that continuing the trial in this instance would result in a "misuse of the process of law," as the records reflected a voluntary and respectful communication style between the parties. Friendship Doesn’t Grant Right to Have Sex, Says Delhi High Court; Denies Bail to Man Accused of Raping Minor.
Relevance of Digital Evidence
The decision heavily relied on "contemporaneous material," specifically verified digital communications. The court noted that the woman's messages showed she was often the one expressing affection first and that the two continued to communicate normally even after the dates of the alleged incidents. This evidence, combined with an unexplained delay in filing the FIR, led the court to rule that the allegations were rooted more in personal grievance than in a criminal offence.
Women and Child Helpline Numbers:
Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.
Men's Helpline Numbers:
Milaap: 9990588768; All India Men Helpline: 9911666498; Men Welfare Trust: 8882498498.
(The above story first appeared on LatestLY on Jan 23, 2026 05:32 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).













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