Raj HC quashes rape FIR, says failed consensual relationship cannot be given colour of criminality

Jaipur: Rajasthan High Court has quashed an FIR lodged against a man and his family members in a rape and abduction case, observing that a “failed consensual relationship between two adults cannot automatically be converted into criminal proceedings”.

The order was passed by Justice Anil Kumar Upman on April 29 while hearing a petition by Jagdish, a resident of Siwana in Barmer district, and his family members. After hearing the arguments, the court allowed the petition by quashing the rape and kidnapping FIR against the petitioners.

Appearing for the petitioners, advocate Priyanka Borana argued that the complainant and petitioner Jagdish were in a consensual relationship and that the complainant had repeatedly stated before authorities that she had voluntarily accompanied and married him. “A missing person report was first lodged by the complainant’s brother on Feb 13, 2023, after which the complainant herself appeared before police and stated she went with Jagdish of her own free will,” she informed the court.

It was further argued that the couple had executed a marriage contract on June 25, 2022, and later solemnised marriage at Arya Samaj, Jodhpur, on March 29, 2023.

The petitioner’s counsel further contended that the complainant earlier approached the High Court seeking police protection from her family members who opposed the relationship. Borana argued that photographs, affidavits and contemporaneous records clearly established that the relationship was consensual and voluntary. “The FIR was lodged only after disputes arose between the parties and therefore amounted to misuse of criminal law as a tool of harassment and retaliation,” Borana added.

It was also argued that the complainant on multiple occasions informed authorities that “she voluntarily accompanied Jagdish and married him of her own free will”.

Justice Upman observed that the material on record, including statements made in missing person reports, photographs, affidavits and the marriage certificate, prima facie established a consensual relationship between two adults. “Criminal law cannot be used as a tool of retaliation after a relationship turns sour,” Justice Upman observed.

Relying on recent Supreme Court judgments including Samadhan vs State of Maharashtra, Prashant vs State of NCT of Delhi and Sujoy Ghosh vs State of Jharkhand, the High Court held that allegations arising from failed personal relationships require careful judicial scrutiny to prevent misuse of criminal machinery.

The court ultimately held that continuation of criminal proceedings would amount to abuse of process of law and quashed the FIR and all consequential proceedings against the petitioners.