JABALPUR: In a significant legal observation, the Madhya Pradesh High Court has ruled that a voluntary sexual relationship between consenting adults does not amount to rape, even if one of the individuals involved is a married woman.
A single-judge bench presided over by Justice Pramod Kumar Agrawal delivered the ruling while allowing a petition filed by a Bhopal-based Central Government employee. The petitioner had moved the court seeking to quash an First Information Report (FIR) and the criminal proceedings pending against him in a trial court.
Background of the Case
The criminal case originated from a complaint lodged at the Chhola Police Station in Bhopal. The complainant, a married woman who was a colleague of the accused, alleged that the man invited her to his residence on October 10, 2020, spiked her juice with an intoxicating substance, and sexually assaulted her. She further accused him of sexually exploiting her over a four-year period under the false pretext of marriage.
Court’s Observations and Ruling
During the hearing, the High Court scrutinized the statements and evidence submitted by both parties. Justice Agrawal noted that at the time the relationship began, the complainant was educated, married, and a mother to a nine-year-old child.
The court highlighted that the woman herself admitted during her statement that the petitioner was initially unaware of her marital status. Furthermore, as an educated adult, she was fully aware that a legal marriage was impossible without first securing a formal divorce from her husband.
Evaluating the facts, the bench observed that the woman voluntarily maintained a long-term relationship with the petitioner out of her own free will.
"The question of marriage between the petitioner and the complainant did not arise. The complainant's statements and written response clearly indicate that she voluntarily maintained a relationship with the petitioner for a considerable period. During this time, the petitioner never mistreated, threatened, or blackmailed her, nor did he attempt to circulate any of her photographs or videos," Justice Agrawal noted in the order.
Concluding that consensual adult intimacy cannot be retroactively characterized as rape, the High Court ordered the complete quashing of the FIR and all connected criminal proceedings against the employee.
