When love collapses and law is invoked – Delhi High Court

Section 69 BNS was introduced to punish genuine sexual exploitation through deception, not to criminalise adult relationships that fail to end in marriage. This Delhi High Court judgment draws that line clearly.

Two adults met through academic and social interaction. Over years, conversations turned personal, messages turned affectionate, and meetings followed. They stayed at each other’s homes, travelled together, spoke daily, and shared intimacy. No secrecy. No sudden coercion. No immediate protest.

But relationships do not always survive expectations.

When the relationship ended, the emotional pain did not find closure in conversation or distance, it found expression in criminal law. Months later, allegations surfaced alleging rape, caste-based abuse, and false promise of marriage.

What was once consensual intimacy was retrospectively reframed as a crime. This is the precise moment where courts must pause, and this judgment does exactly that.

When love collapses and law is invoked – Delhi High Court Draws a Clear Line

Facts of the Case

The parties were known to each other for nearly four years. Their association began through academic and social interaction and gradually developed into a personal relationship. Over this period:

— They remained in continuous telephonic and digital contact
— They met on several occasions across cities
— They stayed at each other’s residences
— Physical intimacy took place between consenting adults

In April 2023, the complainant alleged that sexual intercourse occurred without consent and on the false assurance of marriage. An FIR was registered in September 2023, almost five months later, invoking offences of rape and provisions of the SC/ST Act.

After investigation, a chargesheet was filed. The accused approached the Delhi High Court seeking quashing of the FIR.

Issue Before the Court

Whether a long-term consensual relationship between two adults, which did not culminate in marriage, could later be treated as a criminal offence on the allegation of false promise to marry and lack of consent.

This issue is directly relevant to Section 69 of the Bharatiya Nyaya Sanhita, 2023, which criminalises sexual relations obtained by deceitful promise of marriage.

Arguments on Behalf of the Accused

The accused contended that:

— The relationship was consensual and voluntary
— The parties were adults and educated
— There was no force, threat, or coercion
— No promise of marriage was made at the inception
— WhatsApp chats showed affection and normal conduct
— The FIR was filed after the relationship broke down
— Criminal law was being misused to criminalise a failed relationship

It was argued that continuing prosecution would amount to abuse of the process of law.

Arguments on Behalf of the Complainant

The complainant argued that:

— Consent was obtained by assurance of marriage
— The accused never intended to marry
— She was emotionally and sexually exploited
— Caste-based remarks were made
— Serious offences were disclosed and should go to trial

Court’s Analysis and Observations

The Delhi High Court examined the entire record, including digital evidence, medical documents, and conduct of the parties.

The Court made the following key observations:

— The relationship spanned several years and was not casual or isolated
— The complainant voluntarily stayed with the accused on multiple occasions
— Communication continued even after the alleged incident
— Verified WhatsApp chats showed mutual affection and normal conversation
— There was no immediate complaint or protest
— The delay of nearly five months in lodging FIR was significant
— Medical evidence did not support allegations of force
— No material showed that a false promise of marriage was made at the beginning

The Court emphasised that consent cannot be retrospectively withdrawn merely because a relationship ends.

False Promise to Marry – Legal Position Clarified

The Court reiterated settled law, now codified under Section 69 BNS, that:

— A promise of marriage must be false at the inception
— Mere failure to marry does not amount to deception
— A consensual relationship turning sour is not a criminal offence
— Courts must distinguish between emotional hurt and legal fraud

The judgment cautioned against converting every failed relationship into a rape or false promise to marry case.

Decision of the Court

The Delhi High Court held that:

— No offence of rape was made out
— Allegations of false promise of marriage were unsupported
— SC/ST Act provisions were not attracted
— Continuation of criminal proceedings would be abuse of process

Accordingly, the FIR and all proceedings arising from it were quashed.

Why This Judgment Matters for Section 69 BNS Accused

This judgment is extremely significant for men facing false promise to marry allegations under Section 69 BNS.

It reinforces that:

— Criminal law punishes deception, not broken relationships
— Long consensual relationships cannot be criminalised later
— Digital conduct and delay play a decisive role
— Courts will examine intention at inception, not emotions after breakup

For men wrongly accused, this decision provides a clear legal shield – facts, consistency, and evidence still matter.

Recommended reading: If you’re new to Section 69 BNS, read our detailed guide on What is Section 69 BNS in India? Full Legal Explanation.