Punjab & Haryana High Court Quashes Rape and Cheating FIR Arising from Failed Consensual Relationship; Holds Breach of Promise to Marry Not Rape Per Se
Case Name: XXXX v. State of Punjab and Another
Date of Judgment: 16 January 2026
Citation: CRM-M-7225-2022
Bench: Hon’ble Mr. Justice Alok Jain
Held: The Punjab and Haryana High Court held that a consensual relationship between two major adults, which subsequently breaks down due to incompatibility, does not constitute an offence under Section 376 IPC in the absence of force, coercion, or a false promise of marriage at the inception. The Court held that criminal prosecution arising out of a soured relationship amounts to abuse of process of law and is liable to be quashed under Section 482 CrPC.
Summary: The petition was filed under Section 482 CrPC seeking quashing of FIR No.144 dated 25.08.2020 registered under Sections 376 and 420 IPC at Police Station Division No.1, Pathankot, along with the chargesheet dated 10.11.2021 and the order rejecting the petitioner’s application for discharge.
The FIR was lodged by the complainant alleging that she came into contact with the petitioner through Facebook, developed a relationship, and entered into physical relations with him on the promise of marriage. It was alleged that after spending time together and meeting her family, the petitioner later refused to marry her and provoked her to commit suicide.
The petitioner contended that the relationship was consensual, that both parties were major and educated, and that the relationship eventually failed due to temperamental differences. It was argued that there was no false promise of marriage at the inception and that the ingredients of Sections 376 and 420 IPC were not attracted. The petitioner also relied upon the fact that a roka ceremony was performed on 29.06.2020, even after lodging of the complaint, demonstrating bona fide intention.
The complainant and the State opposed the petition, contending that the petitioner had exploited the complainant emotionally and physically by inducing her into a relationship on the pretext of marriage.
The High Court examined the FIR and the material on record and held that the essential ingredients of rape were not made out. The Court observed that there were no allegations of force or coercion and that the complainant was fully aware that the parties were not married at the time of entering into physical relations. The Court further held that a mere failure to fulfil a promise to marry, without proof that the promise was false from the very beginning, does not attract Section 376 IPC.
Relying on the Supreme Court judgment in Anmol Bhagwan Nehal v. State of Maharashtra, the Court reiterated that misuse of rape provisions in cases of failed consensual relationships burdens the criminal justice system and causes grave prejudice to the accused. The Court held that continuation of the criminal proceedings in the present case would amount to abuse of the process of law.
Decision: The petition was allowed. FIR No.144 dated 25.08.2020 registered under Sections 376 and 420 IPC and all subsequent proceedings arising therefrom were quashed.