The Delhi High Court has stated that when a woman deliberately chooses to engage in physical relations, consent cannot be deemed under false pretense unless there's clear evidence of deception, specifically false promises of marriage. Justice Anoop Kumar Mendiratta made this significant remark while dismissing a rape case against a man. The court noted that the matter has been amicably settled between him and the woman as they have married each other.
The court observed that whenever a woman makes an informed decision to enter into physical relations, the consent is genuine and not based on misrepresentation, in the absence of definite proof.
What Were the Woman's Allegations?
The woman had filed a rape case against the man, accusing him of repeatedly engaging in physical relations under the pretext of marriage, but later refused marriage citing his family's decision to marry him to someone else. The court was later informed that the man and the complainant resolved their dispute and legally married in court.
The complainant informed the High Court that she is happily living with the man and had no intention to proceed with the FIR, understanding it was lodged under the "wrong assumption" as the accused was initially unwilling to marry due to his family's opposition.
Considering the attitude of the relations between the petitioner (male) and respondent no. 2 (female), the court stated it did not appear that any such purported promise was made in bad faith or to deceive the woman. It was noted that while the investigation was ongoing, the man himself married the woman, thus it couldn't be assumed that his initial promise was made with the intention to not fulfill it.
The court stated that the dismissal of the proceedings should not be ignored as it promotes better marital harmony between the two parties, instead of continuing proceedings under IPC section 376 (punishment for rape), which could also increase the probability of post-trial punishment. To continue the proceedings would be nothing but an abuse of the court's process and would cause prejudice and disrupt the harmony between the parties.
