The Hon’ble Delhi High Court expounded that whensoever a woman makes a reasoned choice to establish physical relations after fully understanding the consequences of such action, the ‘consent’ cannot be said to be based on misconception of fact until and unless there is clear evidence that a false promise with no intention of upholding the same was given by the maker at the time of making the promise. The said promise must be of immediate relevance and bear a direct nexus to a decision by the woman to engage in sexual act.
Brief Facts:
The present petition has been filed by the Petitioner to quash the proceedings against the Petitioner under Section 376 of the Indian Penal Code.
Brief Background:
It was alleged that the Petitioner on pretext of marriage established physical relations with the Complainant and later refused to marry as his marriage was already fixed by the Petitioner’s family.
Contentions of the Petitioner:
It was submitted that the Petitioner married the Respondent after registration of the FIR and once Petitioner was granted bail.
Observations of the Court:
It was observed that whensoever a woman makes a reasoned choice to establish physical relations after fully understanding the consequences of such action, the ‘consent’ cannot be said to be based on misconception of fact until and unless there is clear evidence that a false promise with no intention of upholding the same was given by the maker at the time of making the promise. The said promise must be of immediate relevance and bear a direct nexus to a decision by the woman to engage in sexual act.
It was noted that in the present case, it did not appear that any such alleged promise was made in bad faith or to deceive the Respondent. Since, the parties were happily married and reached a settlement, the Bench quashed the FIR.
The decision of the Tribunal:
Accordingly, the High Court disposed the petition.
Case Title: IS v Govnt. of NCT of Delhi & Anr.
Case No.: W.P.(CRL) 1059/2024
Coram: Hon’ble Justice Anoop Kumar Mendiratta
Advocate for Appellants: Adv. J. Ms. Ambika
Advocates for Respondents: Advs. Ms. Rupali Bandhopadhya, Mr. Abhijeet Kumar, Mr. Lucky Upadhyay
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