Delhi High Court: Law Cannot Criminalize Failed Consensual Relationships

The Delhi High Court ruled that failed consensual relationships cannot be criminalized, highlighting the inherent uncertainties involved. Justice Swarana Kanta Sharma stressed the importance of scrutinizing allegations of sexual assault in such contexts and emphasized respecting individual autonomy and choices in romantic relationships.

The Delhi High Court has emphasized that the law cannot be invoked to criminalize failed consensual romantic relationships. The observation came as Justice Swarana Kanta Sharma noted the inherent uncertainties of relationships, especially when expectations of marriage do not materialize.

The court quashed a rape FIR against a man, originally filed by his former partner, after revealing that the parties were in a consensual relationship for four years. Their WhatsApp chats evidenced mutual affection and communication, even post the alleged incident.

Highlighting that the prosecutrix's allegations of a false marriage promise were unsubstantiated, Justice Sharma noted the importance of carefully examining such allegations of sexual assault. The court underscored that the end of a consensual relationship, while emotionally distressing, does not inherently result in criminal liability.

(With inputs from agencies.)