Consensual Relationship Cannot be Termed Rape on Grounds of Misconception: P&H High Court

The Punjab and Haryana High Court quashed an FIR alleging rape, holding that a prolonged consensual relationship between two adults cannot be termed as arising from “misconception of fact.”

The case involved allegations by a husband that a man had coerced his wife into a physical relationship.

However, the Court found that the woman, being a mature and educated individual, had voluntarily continued the relationship over time.

It also noted the absence of evidence of blackmail or coercion. Concluding that the essential ingredients of rape were not made out, the Court set aside the FIR and related proceedings.

[Anil Sharma v. State of U.T., Chandigarh & Ors.]