Breakdown of Relationship Can't Serve as Basis for Filing FIR Under IPC Section 376: Delhi HC

Highlighting it as a well-established legal principle, the Delhi High Court recently observed that the breakdown of a relationship cannot serve as the basis for filing an FIR under Section 376, pertaining to the offence of rape, of the Indian Penal Code.

Granting anticipatory bail to a man accused of forced physical relations with a woman on the false promise of marriage, the bench of Justice Sudhir Kumar Jain said the allegations do not suggest that the accused did not have an intention to marry.

According to the case, the woman had filed an FIR accusing the man of having physical relations with her on the pretext of marrying her. She alleged that after getting engaged to him, his family started demanding dowry and, when her father refused, the accused began avoiding her and refused to marry her. The counsel for the accused contended that the marriage was called off because the woman and her family did not disclose her medical ailments, and that the FIR was filed to harm his career.

The judge said the petitioner, who is a government employee, would suffer “irreparable loss” and his career would be ruined if he were incarcerated in a false and frivolous case. “The petitioner has roots in society and will not flee from justice,” he observed.

The judge said the offence of rape under Section 376 of the Indian Penal Code (IPC) was not applicable in this case. “It is a settled law that if a relationship does not work out, the same cannot be a ground for lodging an FIR for the offence punishable under Section 376 IPC,” the court observed.

The court further said the complainant did not disclose any forced sexual relations with the accused for over four months. “It was determined that the matter of whether the petitioner had physical relations with the complainant with her consent or not would be subject to trial and could not be decided without evidence. The petitioner is stated to be a government employee. There is no risk that the petitioner would flee from the trial,” it said.

“In case of arrest, the petitioner is admitted to bail on furnishing a personal bond in the sum of Rs 30,000 with one surety of the like amount to the satisfaction of the concerned SHO/investigating officer,” the court ordered.