While quashing rape on the false promise of marriage case, Allahabad HC held that a prolonged consensual relationship between two adults, where they voluntarily lived together and maintained physical relations over an extended period, cannot subsequently be treated as rape merely because the relationship ended and the promise of marriage was not fulfilled.

Court observed, “A consensual sexual relationship followed by a subsequent refusal to marry does not render the accused liable for rape… mere breach of promise to marry, in absence of initial dishonest intent, cannot convert consensual physical relations into rape.”

The case arose from an FIR lodged by a 24-year-old woman who alleged that she came into contact with the appellant through Instagram in 2022. According to her, appellant induced her into a physical relationship on the assurance of marriage, conducted a purported marriage on a stamp paper, and later abandoned her. She also accused appellant's father of sexual assault and alleged that the family used caste-based slurs when she pressed for a formal marriage ceremony.

While examining the case, Court highlighted the distinction between a false promise and a breach of promise. It reiterated that the prosecution must prove dishonest intent existed from the inception of the relationship.

Court further held that Section 69 BNS could not be applied retrospectively. Since the alleged incidents occurred between October 2022 and December 2023, and BNS came into force only on July 1, 2024, the provision had no application to the facts of the case.

Court also found that the complainant, a major woman aged 24 years, stayed with the appellant for 56 days and continued the relationship for more than a year without lodging any complaint or protest. It noted that no objection was raised by her family during the subsistence of the relationship.

With regard to the allegations under SC/ST Act, Court found the accusations vague and lacking specific particulars. It held that merely referring to caste differences while refusing marriage does not satisfy the statutory requirements of intentional insult or humiliation in public place.

Consequently, finding no sustainable case under IPC, BNS, or SC/ST Act, Allahabad HC allowed the appeal and quashed the entire criminal proceedings pending before Special Judge (SC/ST Act), Moradabad, holding that continuation of the prosecution would amount to an abuse of the process of law.