Law Cannot be Used to Criminalise Failed Consensual Relationships: Delhi High Court

The Delhi High Court quashed a rape and SC/ST Act case against a Delhi-based academic, holding that criminal law cannot be invoked merely because a consensual relationship between adults has failed.

The Court observed that not every relationship culminates in marriage, and an educated, independent adult must be aware of the inherent uncertainties involved.

After examining WhatsApp chats and other material, the Court found the relationship to be consensual and noted that allegations of rape and false promise of marriage arose only after the relationship ended.

It held that such misuse of criminal law has serious consequences for the accused and must be approached with sensitivity and restraint.

[Dr Avadesh Kumar v. State NCT of Delhi & Anr.]