The Delhi High Court recently emphasized that a woman’s consent for physical relations cannot be considered misconceived unless there is evidence of a false promise of marriage. This observation came in a case where a rape accusation was quashed after the parties settled their dispute and got married.
BACKGROUND:
The woman had accused the man of repeatedly having physical relations with her under the pretext of marriage but later refusing to marry her, citing family reasons.
KEY ASPECTS:
- The court noted that when a woman makes a reasoned choice to engage in physical relations, the consent cannot be deemed based on misconception unless there is clear evidence of a false promise of marriage.
- The woman informed the court that she was living happily with the man and did not wish to proceed with the FIR.
- The man voluntarily married the woman during the investigation, indicating that the initial promise was not made in bad faith.
DELHI HIGH COURT JUDGMENT
- The court quashed the rape case, stating that continuing with the proceedings would be an abuse of court process and cause disruption in the harmony between the parties.
- It noted that the chances of conviction after trial were remote due to the settlement between the couple.
The Delhi High Court’s decision highlights the importance of clear evidence of a false promise of marriage to establish consent based on misconception in cases involving physical relations. The court’s focus on promoting harmony between the parties through settlement reflects a pragmatic approach to resolving such disputes.
SOURCE- INDIA TODAY