Lucknow/Prayagraj: The Allahabad High Court consensual relationship ruling has brought important legal clarity on how Indian law views relationships formed with mutual consent.
In a significant judgment, the High Court ruled that a physical relationship entered into with mutual consent cannot later be termed as cheating merely because the relationship ended.
The court clarified that Bharatiya Nyaya Sanhita (BNS) Section 69 applies only in cases where a relationship is formed through deception or a false promise of marriage from the very beginning.
What Did the Allahabad High Court Say?
While hearing a petition, the Allahabad High Court clearly stated that disappointment caused by a broken relationship cannot be converted into a criminal offence. The court observed that if both parties entered into a relationship willingly and with genuine intent, it cannot later be labeled as fraud.
The ruling was delivered by a division bench of Justice Siddharth Verma and Justice Abdul Shahid of the Allahabad High Court. The bench ordered the quashing of the FIR registered under Section 69, calling it legally unsustainable.
The judges emphasized that criminal law cannot be misused to settle emotional fallouts arising from failed relationships.
Clear Interpretation of Section 69 BNS
The court explained the scope of BNS Section 69, which deals with sexual relations established through fraud or deception.
According to the High Court:
- Section 69 applies only when a man never intended to marry and made a false promise solely to establish a physical relationship.
- A relationship formed with mutual consent and genuine intent to marry does not fall under this section.
- Emotional distress due to a relationship breakdown does not amount to cheating.
If proven guilty under Section 69 BNS, the punishment can extend up to 10 years of imprisonment.
Background of the Noida Case
The case originated from Noida, where a woman filed an FIR on 12 December 2024 at Sector-63 police station. She accused a man of:
- Threatening
- Physical assault
- Establishing a relationship on the false promise of marriage under BNS Section 69
The accused approached the Allahabad High Court seeking cancellation of the FIR.
Relationship History Presented Before the Court
During the hearing, the accused’s lawyer presented key facts:
- Both individuals studied LLM together in Jodhpur
- They developed a friendship that later turned into a relationship
- Both mutually agreed to marry
- Their engagement took place in June 2023
These facts played a crucial role in the court’s assessment of intent.
Evidence of Genuine Intention to Marry
The court was shown documentary evidence proving marriage preparations, including:
- Hotel booking receipts
- Wedding card printing bills
- Photographer booking details
The wedding date was fixed for 12 November 2024, and both families had begun preparations.
Why the Court Rejected the Cheating Allegation Under Section 69 BNS
After reviewing all evidence, the court concluded:
- The promise of marriage was genuine at the time it was made
- The relationship later broke down due to personal differences
- Such a breakdown cannot be treated as cheating retrospectively
The court stated that criminal intent must exist from the beginning for Section 69 to apply.
FIR Under Section 69 BNS Quashed, Other Charges to Be Probed
The Allahabad High Court quashed the FIR registered under BNS Section 69.
However, the court allowed police investigation to continue for:
- Allegations of threat
- Assault
- Other related offences
This ensures that valid criminal complaints are still examined independently.
