Consensual Relationship Breakdown Is Not Rape: Punjab & Haryana High Court
The Punjab and Haryana High Court has reiterated that the mere breakdown of a consensual relationship does not amount to rape unless the statutory ingredients of the offence are clearly established.


Case Background
The High Court quashed an FIR registered in 2020 against an Army officer from Punjab, where the complainant alleged that she was induced into a physical relationship on the promise of marriage. The relationship later broke down due to temperamental differences, following which the officer refused to marry her.

High Court Criminal Lawyers


Court’s Observations
The bench, led by Justice Alok Jain, observed that human relationships are dynamic and may change with time. A consensual relationship, even if it does not culminate in marriage, cannot by itself give rise to criminal liability under rape laws unless it is shown that consent was obtained by deception from the very beginning.


The Court noted that both parties were adults, aware of each other’s circumstances, and had willingly entered into the relationship. Subsequent withdrawal from marriage due to incompatibility cannot be treated as rape.


Key Takeaway
This judgment reinforces the settled legal position that criminal law cannot be used to penalise failed consensual relationships, and courts must carefully examine allegations to prevent misuse of rape provisions in cases arising out of personal relationship disputes