MUMBAI: In a rare acknowledgement, the Bombay high court has expressed concern over the rising number of cases where rape charges have been invoked by a girl against her boyfriend following a breakup.Hearing a plea by a 20-year-old woman seeking the quashing of an FIR she had lodged against her ex, a division bench of Justices Vidyasagar Kanade Nutan Sardessai said that in many such cases the accused men have to languish in jail for months or years.“We have noticed that recently the number of such cases where allegation of rape is made, after consensual sexual relationship has failed, is on the rise,“ said the judges.“While filing a complaint, very often it is alleged that because assurances and promises were given, the (girl) had given consent to having sex and had such an assurance not been given she would not have agreed to have sex. Very often such complaints are filed after both the parties have sex over a long period of time, namely, for six months to couple of years and after the rela tionship turns sour, such allegations are made.“The HC remarked that when the girl approaches police with a complaint of rape, as per law the police is required to lodge the FIR.The court pointed out that consensual sex between unmarried couples was not illegal and even recent laws have accepted such relationships. “It is necessary to mention here that the legis lature has taken a note of such relationships and has given protection to women and such a relationship is defined as “live-in relationship“ under the Domestic Violence Act,“ noted the HC.The court indicated that a rethink is necessary on how probe agencies should handle such complaints. “In an appropriate case, therefore, we propose to consider what has to be done in such cases by the police,“ the judges said.Meanwhile, a petition has been filed before the HC seeking guidelines to the police in such cases that relate to complaints of rape lodged after lovers break up. The petition will come up for hearing when the HC reopens after vacation in January 2017.