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Delhi High Court Quashes Rape, SC/ST FIR From Failed Consensual Relationship

The judge said verified WhatsApp chats showed a voluntary relationship, not sex induced by a false promise of marriage.

Overview

  • Justice Swarana Kanta Sharma set aside the FIR in Dr Avadesh Kumar v. State (NCT of Delhi) on January 12.
  • The court held that educated, independent adults cannot invoke rape provisions to criminalise the mere breakdown of a relationship.
  • WhatsApp exchanges reflected mutual affection, continued contact after the alleged incident, no immediate protest or coercion, and no assurance of marriage by the accused.
  • Invoked provisions of the SC/ST (Prevention of Atrocities) Act were found unsupported, with no caste-based abuse or motive indicated in the verified chats.
  • The judgment cautioned that misusing serious penal statutes in private relationship disputes undermines their purpose and burdens the justice system with false or frivolous FIRs.