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Time and again various courts in their judgement have held that if two persons are willingly in a relationship, then physical relations with their consent will not amount to rape if they call off their relationship. 

In August 2023 Supreme Court while hearing a plea against Madhya Pradesh High Court have held that ‘labelling physical relation in every failed relationship as rape can harm genuine cases’. 

The same was ruling was given by Allahabad High Court in the case of Juyaullah V. State, where it quashed a raoe case against a man who refused to marry woman with whom he had been in a long relationship with her family’s approval. 

Facts of the case are, the parties met at their sister’s wedlock, after which they had been in a relationship for more than 15 years and had physical relationship with the consent of both’s parents. The girl had active and full consent for it. When the family exerted pressure to marry the man refuse to marry her. She also contended that she was minor, 17 years old when their relationship started. She accused the man that by making false promises he had physical relation with her. 

While the accused contended that it was all with their mutual consent and no offence took place against her. It referred to a Supreme Court judgement it held that it is difficult to label a 8 year long relationship as rape where the parties have lived as husband and wife. 

A single judge bench, comprising of Justice Anish Kumar Gupta, allowed the plea, where the accused has refused to marry on subsequent development and the promise was not false. It would not amount to any offence of rape under Section 375 of IPC. 

Written by – Tannu, College- Maharshi Dayanand University, Rohtak, Semester- 3,an intern under Legal Vidhiya


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