Woman in an extramarital relationship for years cannot allege rape charges against man on pretext of marriage, said the Supreme Court while hearing a seven-year-old case.

“There is a worrying trend that consensual relationships going on for prolonged periods, upon turning sour, have been sought to be criminalized,” said the Supreme Court while quashing a 7-year-old case registered at Kharghar police station in Mumbai in 2017 by Vanita S Jadhav against Mahesh Damu Khare.

The court said a complaint of breach of promise to marry, based on consent for a sexual relationship was obtained, must be lodged by the deceived woman with promptitude and not after continuing the physical relationship for years.

According to FIR, the relationship between Khare, who is a married man, and Jadhav, a widow, started around 16 years ago, in 2008.

“Khare raped her on the pretext of marriage,” alleged the woman, while Khare’s wife lodged an extortion case against the woman. “In a situation where a physical relationship is maintained for a prolonged period knowingly by the woman, it cannot be said with certainty the said physical relationship was purely because of the alleged promise made by Khare to marry her,” said the Supreme Court.