Allahabad High Court Addresses Misuse of Rape Allegations in Consensual Relationships
HC cautions against trivialising rape offence, grants relief to Gorakhpur man
Image: The Times Of India
The Allahabad High Court quashed a rape case against Sanjay Kashyap from Gorakhpur, cautioning against the misuse of criminal law in consensual relationships that turn sour. The court emphasized that not every failed marriage promise constitutes rape unless there is clear evidence of deceit from the start.
- 01The Allahabad High Court highlighted concerns over the misuse of rape allegations in cases of consensual relationships.
- 02Justice Vivek Kumar Singh ruled in favor of Sanjay Kashyap, stating that not every broken marriage promise equates to rape.
- 03The court noted that a prolonged consensual relationship cannot be criminalized after it turns sour.
- 04The judgment was based on a petition filed under Section 528 of the Bharatiya Nyaya Suraksha Sanhita.
- 05The case involved a complaint filed on March 30, 2024, alleging a broken promise of marriage after a physical relationship.
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In a significant ruling, the Allahabad High Court has quashed the criminal proceedings against Sanjay Kashyap, a Gorakhpur resident accused of rape based on a false promise of marriage. Justice Vivek Kumar Singh expressed concern over the increasing trend of consensual relationships being criminalized when they turn sour, emphasizing that such misuse of criminal law is alarming. The court's decision came after Kashyap filed a petition seeking to dismiss the charges against him, arguing that the relationship was consensual and had lasted a considerable time before issues arose. The court stated that not every failed marriage promise should be construed as rape unless it can be proven that the accused had no intention of marrying from the outset. The case stemmed from an FIR lodged on March 30, 2024, where the complainant alleged that after a promise of marriage and a physical relationship, the accused began to evade the commitment and ultimately refused to marry her. This ruling underscores the court's stance on the serious nature of rape allegations and the need to prevent their trivialization.
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This ruling may influence how similar cases are handled in the future, potentially reducing false rape allegations stemming from failed consensual relationships.
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