Criminal proceedings for rape may be quashed where the relationship was consensual and parties voluntarily settle the dispute.

The petitioner and Opposite Party No. 2 became acquainted through Facebook in 2018.

The informant alleged that the petitioner established a physical relationship with her on the promise of marriage, subsequently refused to marry her, demanded ₹25 lakh, and threatened her and her family.

On the basis of her written report, Mahila P.S. Case No. 39 of 2023 was registered under Sections 376, 506, 509 and 34 of the IPC and Section 4 of the Dowry Prohibition Act.

A charge-sheet was subsequently submitted under Sections 376, 377, 506 and 509 of the IPC.

The petitioner sought quashing of the FIR and charge-sheet, asserting that the relationship was consensual.

During the proceedings, the parties filed a compromise, stating that they had married their respective spouses, were living separate and happy conjugal lives, and would not interfere with each other’s marital lives.

Opposite Party No. 2 stated that she did not wish to pursue the criminal case and had no objection to its quashing.

Whether the criminal prosecution arising from the FIR and charge-sheet should be quashed where the alleged physical relationship was consensual and the relationship did not culminate in marriage.

Whether, in view of the voluntary settlement between the parties and the informant’s unwillingness to pursue the case, continuation of the proceedings would amount to an abuse of the process of court.

The Court considered the offences alleged under Sections 376, 506, 509 and 34 of the Indian Penal Code, Section 4 of the Dowry Prohibition Act, and the offences included in the charge-sheet under Section 377 of the IPC.

Relying on Prashant v. State of NCT of Delhi, (2025) 5 SCC 764, the Court applied the principle that a consensual relationship, which later breaks down or does not culminate in marriage, cannot automatically be given a criminal character.

Relying on Naushey Ali v. State of U.P., (2025) 4 SCC 78, the Court further held that where parties have amicably and voluntarily resolved a private dispute, continuation of the criminal proceedings may be futile and may constitute an abuse of the process of court; in such circumstances, the ends of justice may require quashing of the proceedings.

The Court accepted the petitioner’s case that the relationship was consensual and noted that the parties had voluntarily settled their dispute without threat or coercion.

The subsequent marriages of both parties and their undertaking not to interfere in each other’s lives demonstrated that the dispute had acquired a private character and that the informant was no longer interested in prosecuting the case.

Applying the principle in Prashant, the Court held that the failure of the relationship to result in marriage did not, by itself, justify continued criminal prosecution for rape.

In light of the compromise and the informant’s lack of opposition, the Court concluded that continuation of the proceedings would serve no legitimate purpose, would consume judicial time, and would cause further harassment to the parties.

It quashed the entire prosecution arising from Mahila P.S. Case No. 39 of 2023 dated 29 April 2023, including Charge-Sheet No. 177 of 2023 dated 29 December 2023.

The criminal miscellaneous application was accordingly allowed.