Sex During Consensual Extramarital Affair Not Rape, Says Supreme Court; Quashes 7-Year-Old FIR Against Man

The Supreme Court has quashed a seven-year-old rape FIR filed by Vanita S Jadhav against Mahesh Damu Khare, stating that a sex during consensual extramarital affair cannot be criminalised as rape based on a promise of marriage. A bench comprising Justices B.V. Nagarathna and N. Kotiswar Singh highlighted a concerning trend of criminalizing long-standing consensual relationships after they turn sour. Jadhav, a widow, had accused Khare, a married man, of luring her into a physical relationship in 2008 with a false promise of marriage. However, the court noted that Jadhav continued the relationship for years before filing the complaint in 2017, casting doubt on the alleged deception. The court stated that complaints based on false promises of marriage should be filed promptly, not after prolonged relationships. Khare’s wife had earlier filed extortion complaints against Jadhav, further complicating the matter. The SC concluded that prolonged consensual relationships cannot automatically qualify as rape. HC on Sex With Minor Wife: Man Having Consensual Sexual Intercourse With Wife Under 18 Can Be Booked for Rape, Says Bombay High Court.

Sex During Consensual Affair Not Rape: SC Quashes FIR Against Man

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