6 hours Ago By Amit Anand Choudhary
NEW DELHI: The Supreme Court on Wednesday ruled that the breakdown of a relationship that did not culminate in marriage cannot warrant the initiation of criminal proceedings based on a complaint by one party. Granting relief to a man facing criminal proceedings on an FIR filed by his girlfriend, a bench of Justices B V Nagarathna and N Kotiswar Singh said a consensual relationship turning sour should not be the sole basis of criminal proceedings. "What was a consensual relationship at the initial stages cannot be given a colour of criminality when (it) the said relationship does not fructify into a marital relationship," the bench said.
The bench noted that the accused and the complainant, both residents of Delhi, were in a relationship for two years and they used to visit each other's house. "It is inconceivable that the complainant would continue to meet the appellant or maintain a prolonged association or physical relationship with him in the absence of voluntary consent on her part. Moreover, it would have been improbable for the appellant to ascertain the complainant's residential address, as mentioned in the FIR unless such information had been voluntarily provided by the complainant herself.
It is also revealed that, at one point, both parties had an intention to marry each other, though this plan ultimately did not materialise. The appellant and the complainant were in a consensual relationship. They are both educated adults," the bench said.
The FIR was filed after the man got married to another woman. The man approached Delhi HC for quashing of criminal proceedings but his plea was rejected and he moved the apex court. Allowing his plea, the top court said, "The relationship between the appellant and the complainant was consensual in nature.
In fact, they wanted to fructify the relationship into marriage. It is in that context that they indulged in sexual activity. Therefore, there cannot be a case of criminal intimidation involved as against the complainant.
We do not find that there was any threat caused to the complainant by the appellant when all along there was cordiality between them and it was only when the appellant got married in the year 2019 that the complainant filed a complaint.".
