‘Misuse Of Legal Provisions When Relationships Sour’: Allahabad HC Flags Rise In FIRs Post Breakups
Allahabad HC observed that failed relationships and the resulting emotional turmoil are increasingly leading to criminal law misuse. The court noted that personal fallouts and emotional discord are being given a criminal colour.
The Allahabad High Court observed that the failed relationships and the resultant emotional turmoil are increasingly leading to criminal law misuse. According to Bar and Bench, the court said that it is increasingly observed that personal fallouts and emotional discord are being given a criminal colour.
“It is increasingly observed that personal fallouts and emotional discord are being given a criminal colour, through the invocation of penal laws, particularly in the aftermath of failed intimate relationships,” the court said.
According to Bar and Bench, Justice Krishan Pahal made the observation while granting bail to a 42-year-old man accused of rape by a woman. The court further said that it was imperative to highlight the changing dynamics and the depleting standards of the sexual relationships in contemporary society.
“The victim, with full and conscious knowledge of the applicant's previous marital history-having been married thrice before, chose to establish a corporeal relationship with him. This relationship, while mutual and consensual during its subsistence, did not conform to the traditionally accepted institution of marriage or any form of legally recognized union. While the emotional and romantic dynamics may not appear traditionally polyamorous, the relationship is consensual and involves two mature individuals - the alleged victim, approximately 25 years old, and the applicant, about 42,” the Court said.
According to the Bar and Bench, the court added that the case was reflective of a broader societal shift where the sanctity and solemnity once associated with intimate relationships have seen a marked decline.
“The prevalence of transient and uncommitted relationships, often formed and dissolved at will, raises critical questions about individual responsibility and the misuse of legal provisions, especially when such relationships turn sour,” the court further said.
The accused in the present case was booked by the police last year on the complaint that he had raped the woman, recorded the video of the act, and started blackmailing her. As alleged, he also promised to marry her but refused to do so subsequently. His counsel, however, told the court that the victim was in a relationship with the man and had visited several places.
His counsel, however, told the court that the victim was in a relationship with the man and visited several places with him. The accused also accepted that he is already. However, he denied the allegation that he had married three women earlier.
The counsel, on the contrary, representing the victim, described the accused as a Casanova and said that he is used to luring different women into relationships. It was also submitted that he is a rich man who has misused his wealth and clout to ruin the life of the victim.
The court observed that the criminal case, instituted after the breakup, appears to be a product of an emotional aftermath rather than a bona fide grievance of criminal wrongdoing, reports Bar and Bench.
“Not all socially or ethically questionable actions warrant legal intervention. It also reflects a foundational principle in jurisprudence — the law does not enforce all aspects of morality,” the Court further said.
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