The Madhya Pradesh High Court has quashed a rape case registered against a man on a woman's complaint, observing the two were in a relationship for more than 10 years out of their “own free will”.

Justice Sanjay Dwivedi, in the order on July 2, also observed the matter appears to be an abuse of the process of law.

The man was booked for rape and other charges at the Mahila Thana police station in Katni district in November 2021. He eventually moved the high court for relief.

As per the HC order, the woman and the man are well-educated persons and had physical relations out of their “own free will” for more than 10 years. They broke up after the man refused to marry her, it noted.

However, it does not mean a rape case could be registered against the petitioner (man), the court said.

“In my opinion, as per the factual circumstances, as have been narrated by the prosecutrix (woman) in her complaint and also in her statement of 164 CrPC, this case cannot be considered to be a case of rape as defined under Section 375 of IPC (Indian Penal Code) and the prosecution is nothing but appears to be an abuse of process of law,” the judge said.

In this matter, even IPC section 366 (inducing a woman to compel her for marriage) is not made out against the man, the court said.

“Therefore, the offence under Section 366 of IPC registered against the petitioner at the later point of time is also liable to be quashed,” it said.

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