AI Overview...
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Turning of Civil Matters into Criminal Cases -
There is a concerning trend where long-standing consensual relationships, upon souring, are increasingly being criminalized by invoking criminal law, particularly under sections related to sexual offenses and other civil disputes. This practice risks unjustly imputing criminality to relationships that are fundamentally civil or consensual, especially when allegations are made belatedly to entrap or penalize individuals. Such developments threaten to undermine justice by blurring the lines between civil disputes and criminal offenses. Kalavati, W/o. Srimanth vs State of Karnataka, Through Kalaburagi Sub-Urban Police Station, Represented By Addl. SPP, High Court of Karnataka, Kalaburagi Bench - Karnataka, VIJEESH vs STATE OF KERALA - Kerala, VISAGH VISWANATHAN vs STATE OF KERALA - Kerala, Bhavanam Ramana Reddyu, S/o. Chenna Reddy vs State of Andhra Pradesh, Through Inspector of Police, Women Police Station, Represented by Public Prosecutor, High Court of A.P. - Andhra Pradesh, Ameen Batcha VS State Rep. by its, Inspector of Police - Crimes, Pratheesh Prabha vs State of Kerala - Kerala, XXXXXXXXXX vs STATE OF KERALA - Kerala, sole accused vs State - Madras, Kumar Rishiraj S/o Late Lalan Prasad vs State of Bihar - Patna, YASH ARYAN. vs STATE OF KERALA - Kerala -
Analysis and Conclusion -
Courts have observed that many cases involve relationships initially based on consent, which later become the basis for criminal allegations, often without clear evidence of criminal intent. Delay in filing complaints and the nature of the relationship often indicate the absence of criminal conduct, emphasizing the need to distinguish civil disputes from criminal offenses. The trend of criminalizing long-term consensual relationships after souring can lead to misuse of criminal jurisprudence, jeopardizing principles of justice and fairness. Courts advocate for careful scrutiny to prevent civil matters from being improperly treated as criminal cases. XXXXXXXXXX vs STATE OF KERALA - Kerala, sole accused vs State - Madras, Kumar Rishiraj S/o Late Lalan Prasad vs State of Bihar - Patna
Search Results for "Turning of Civil Matters into Criminal Cases"
2025 0 Supreme(Kar) 855 • India - IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
T.M.NADAF: J
It is evident from the large number of cases decided by this Court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence. ... It will open the scope for imputing criminality to such long term relationships after turning sour, as such an allegation can be made even at a belated stage to drag a person in the juggernaut of stringent ....
2024 Supreme(Online)(KER) 36194 • India - High Court of Kerala
P.V. KUNHIKRISHNAN, J
It is evident from the large number of cases decided by this Court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence.” ... It will open the scope for imputing criminality to such long term relationships after turning sour, as such an allegation can be made even at a belated stage to drag a person in the juggernaut of stringent....
2024 Supreme(Online)(KER) 36845 • India - High Court of Kerala
C.S. Sudha, J
It is evident from the large number of cases decided by this Court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking ... criminal jurisprudence.” ... It will open the scope for imputing criminality to such long term relationships after turning sour, as such an allegation can be made even at a belated stage to drag a person in the juggernaut of stri....
2025 0 Supreme(AP) 779 • India - IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
T.MALLIKARJUNA RAO
... ... Result: Criminal Petition is allowed. ... It is evident from the large number of cases decided by this Court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence. ... It will open the scope for imputing criminality to such long term relationships after turning sour, as such an allegation can be made eve....
• India - Crimes
SUNDER MOHAN
Criminal Procedure Code, 1973 – Criminal Appeal – Indian Penal Code, 1860 – Sections 417, 376 read with ... It is evident from the large number of cases decided by this Court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence.” ... It will open the scope for imputing criminality to such long term relationships after t....
2025 Supreme(Online)(Ker) 53345 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. Pratheep Kumar, J
(Paras 5-12) ... ... (B) Consent in rape cases - Definition of consent requires active and informed ... It is evident from the large number of cases decided by this Court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence.” ... It will open the scope for imputing criminality to such long term relationships after tur....
2025 Supreme(Online)(Ker) 52002 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. Pratheep Kumar, J
with malicious intent under false pretenses, extending criminal liability contradicts principles of justice. ... - Initially non-consensual relationship followed by a prolonged consensual one - Prolonged consensual relations cannot attract criminal ... of Court: ... The court concludes that the relationship was consensual, and the allegations reflect an attempt to criminalize a civil ... It is evident from the large number of cases decided by this Court dealing with similar matters as discussed above t....
2025 Supreme(Online)(Mad) 27589 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
,
Delay in complaint and conduct of the parties indicated absence of criminal intent. ... Delay in complaint and nature of relationship dilute criminal liability under Sections 376 and 417. ... (Paras 13, 28, 31) Result : Criminal Appeal allowed. ... It is evident from the large number of cases decided by this Court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been soug....
2025 Supreme(Online)(Pat) 665 • India - IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR
... Findings of Court: ... The relationship was consensual, and no breach of promise or deception was established warranting criminal ... It is evident from the large number of cases decided by this Court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence ... It will open the scope for imputing criminality to such long term ....
2025 Supreme(Online)(Ker) 57812 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
It is evident from the large number of cases decided by this Court dealing with similar matters as discussed above that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence.” ... It will open the scope for imputing criminality to such long term relationships after turning sour, as such an allegation can be made even at a belated stage to drag a person in the juggernaut of stringent....
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