Prayagraj, Oct 15 : The Allahabad High Court has ruled that a consensual, long-term adulterous relationship, without any element of deception from its inception, does not constitute rape under Section 375 of the Indian Penal Code (IPC). Section 375 defines rape as sexual intercourse with a woman against her consent.
The court quashed the criminal proceedings against a man from Moradabad, Shrey Gupta, who was accused of raping a woman under the pretext of marriage. In its ruling, the court emphasized that a mere promise of marriage does not automatically convert consensual sexual intercourse into rape unless it can be demonstrated that the promise was deceitful from the start.
“Not every promise of marriage amounts to a misconception of fact for the purposes of consensual intercourse unless it is proven that the promise was false from the very beginning,” the court observed. It noted that unless allegations of cheating from the start of the relationship are made, a false promise of marriage cannot be presumed.
The court was hearing a petition filed by Shrey Gupta, who sought to quash the criminal proceedings against him under Section 482 of the Code of Criminal Procedure (CrPC). Gupta had been charged with rape (Section 376 IPC) and extortion (Section 386 IPC) based on a complaint filed by a woman.
According to the woman’s FIR, filed at Mahila Thana in Moradabad, Gupta had established a physical relationship with her after the death of her husband, promising to marry her. She later claimed that Gupta broke his promise and got engaged to another woman. The complainant also alleged that Gupta demanded ₹50 lakh to prevent the release of intimate videos.
However, the court, after reviewing the case, observed that the complainant, a widow, had been in a consensual relationship with Gupta for over 12 years, even while her husband was still alive. It further noted that the woman, who was much older than the accused, had exerted undue influence over him, as he was employed in her late husband’s business.
Citing the Supreme Court’s judgment in Naim Ahamed vs. State of Haryana, the court reiterated that not every breach of a marriage promise can be treated as a false promise, nor does it necessarily lead to rape charges under Section 376 IPC.
On October 1, the court quashed the criminal proceedings against Gupta, ruling that the allegations lacked the necessary legal grounds for charges of rape or extortion.
