Shivaji Rathore 17 March 2026
In a significant judgment addressing the misuse of criminal law in consensual relationships, the Allahabad High Court quashed criminal proceedings in a rape case arising out of a failed promise of marriage. The decision was delivered by Justice Avnish Saxena while exercising inherent powers of the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section 482 of the Code of Criminal Procedure, 1973).
Background of the Case
The applicant approached the High Court seeking quashing of criminal proceedings initiated against him under Section 376 of the Indian Penal Code, 1860. The complainant had alleged that the accused had established a physical relationship with her on the promise of marriage and later refused to marry her.
Based on these allegations, criminal proceedings for the offence of rape were initiated. The accused challenged these proceedings before the High Court by filing an application under Section 528 BNSS, arguing that: The relationship between the parties was long-standing and consensual. Both individuals were educated adults capable of understanding their actions.
The allegations did not demonstrate that the physical relationship was established solely because of a false promise of marriage.
High Court’s Observations
The Court emphasized that the inherent powers of the High Court to quash criminal proceedings must be exercised sparingly and only in exceptional circumstances, primarily to prevent abuse of the process of law or to secure the ends of justice. While analyzing the facts of the case, the Court observed that:
The parties were involved in a prolonged relationship.
There was no clear indication that the promise of marriage existed at the very inception of the relationship.
The relationship appeared to be voluntary and consensual.
The Court further noted that mere non-fulfilment of a promise to marry does not automatically constitute rape.
Criminal Procedure Code, 1973 (CrPC) — Section 482 (also BNSS Section 528) —
Quashing of proceedings — High Court’s inherent power to quash proceedings to prevent abuse of process of law and secure ends of justice — Such power should be exercised with circumspection in rarest of rare and appropriate cases.
B. Penal Code, 1860 (IPC) — Section 376 (Rape) — False promise of marriage —Continuous physical relationship for prolonged period by educated adults — Presumption of voluntary cohabitation and consensual relationship — Mere non- fulfillment of marriage promise does not automatically attract offence of rape,
especially when relationship is long-standing and consensual.
C. Penal Code, 1860 (IPC) — Section 376 (Rape) — Ingredients of offence — Crucial ingredients of Section 376(2)(n) IPC absent if no indication of marriage promise at the outset of relationship and relationship was cordial and consensual.
D. Penal Code, 1860 (IPC) — Section 376 (Rape) — Abuse of process of law —Continuation of criminal proceedings in cases of consensual relationships that do not fructify into marriage amounts to gross abuse of process of law and miscarriage ofjustice.
E. Criminal Procedure Code, 1973 (CrPC) — Section 482 (also BNSS Section 528) — Quashing of proceedings — Where physical relationship is maintained for a prolonged period knowingly by the woman, and it cannot be said with certainty that it was purely due to an alleged promise of marriage, or if there is direct nexus
with the physical relationship without being influenced by other considerations, consent may not be vitiated under misconception offact.
F. Criminal Procedure Code, 1973 (CrPC) — Section 482 (also BNSS Section 528) — Trivialization of Offence — Converting every failed or broken relationship into an offence of rape trivializes the seriousness of the offence and inflicts injustice on the accuse
Consent and Misconception of Fact
The judgment highlighted an important principle in criminal law regarding consent. Under the law, consent can be considered invalid if it is obtained under “misconception of fact.” However, the Court clarified that:
Where two adults voluntarily maintain a physical relationship for a considerable period, And the relationship cannot be conclusively shown to have been based solely on a false promise of marriage, then the consent cannot automatically be treated as vitiated. Therefore, the ingredients necessary to establish rape under Section 376 IPC were found to be absent in the present case.
The Court also expressed concern about the increasing tendency to convert failed relationships into criminal prosecutions.
It observed that criminal law should not be used as a tool to penalize individuals for relationships that later fail to culminate in marriage. According to the Court, allowing such prosecutions to continue would amount to a gross abuse of the process of law and could lead to a miscarriage of justice.
After examining the facts and legal principles, the Allahabad High Court concluded that the continuation of criminal proceedings against the applicant would be unjustified.
Accordingly, the Court quashed the criminal proceedings, holding that the allegations did not satisfy the legal requirements for an offence under Section 376 IPC.
case details:-
titled Ajay Saini v. State of Uttar Pradesh and Another, was decided on 16 March 2026.
