The Rajasthan High Court has quashed an FIR lodged against a man and his family members in a rape and abduction case, observing that a failed consensual relationship between two adults cannot automatically be converted into criminal proceedings.
Court's Observation
Justice Anil Kumar Upman passed the order on April 29 while hearing a petition filed by Jagdish, a resident of Siwana in Barmer district, along with his family members. After hearing arguments, the court allowed the petition and quashed the rape and kidnapping FIR against the petitioners.
Arguments by Petitioner's Counsel
Appearing for the petitioners, advocate Priyanka Borana argued that the complainant and petitioner Jagdish were in a consensual relationship. She informed the court that the complainant had repeatedly stated before authorities that she had voluntarily accompanied and married Jagdish. A missing person report was first lodged by the complainant's brother on February 13, 2023, but the complainant herself later appeared before police and stated she went with Jagdish of her own free will.
Borana further argued that the couple had executed a marriage contract on June 25, 2022, and later solemnised their marriage at Arya Samaj, Jodhpur, on March 29, 2023. The complainant had earlier approached the High Court seeking police protection from her family members who opposed the relationship. Photographs, affidavits, and contemporaneous records clearly established that the relationship was consensual and voluntary. The FIR was lodged only after disputes arose between the parties, amounting to misuse of criminal law as a tool of harassment and retaliation.
Court's Reasoning
Justice Upman observed that the material on record, including statements made in missing person reports, photographs, affidavits, and the marriage certificate, prima facie established a consensual relationship between two adults. The court noted that criminal law cannot be used as a tool of retaliation after a relationship turns sour.
Relying on recent Supreme Court judgments including Samadhan vs State of Maharashtra, Prashant vs State of NCT of Delhi, and Sujoy Ghosh vs State of Jharkhand, the High Court held that allegations arising from failed personal relationships require careful judicial scrutiny to prevent misuse of criminal machinery.
Final Order
The court ultimately held that continuation of criminal proceedings would amount to abuse of process of law and quashed the FIR and all consequential proceedings against the petitioners.
