Madhya Pradesh High Court has quashed the criminal proceedings against a man who was accused of raping a woman on the pretext of marriage. The Gwalior bench of the high court observed that the woman spend more than one year with the man and it was sufficient time to figure out a false promise.
“Near about more than one year’s time is sufficient time for a prudent woman to realise as to whether the promise of marriage made by the petitioner is false from its very inception or there is a possibility of breach of promise,” the order stated.
A single-judge bench of Justice Deepak Kumar Agrawal was hearing the case against the man who filed a plea for quashing the rape case registered against him at Seondha in Datia district.
The order said that the woman was in a relationship with the man since 2020 with freedom to visit any place. It cannot be said that her consent for the physical relationship was obtained through misrepresentation or misconception of facts.
“The complainant prosecutrix is a mature lady having three children and she knew the petitioner for the last more than one year. She made physical relations with the petitioner on her own consent and free will,” the order said.
"Only a false promise to marry made with an intention to deceive a woman would vitiate the woman’s consent being obtained under the misconception of fact, but a mere breach of promise cannot be said to be a false promise," the order stated.
The woman filed her complaint in July 2021 and said that she was in contact with the man since 2017. In 2020, the petitioner proposed her to marry after which she visited the house of the man to stay, where they had physical relationship, she alleged.
The woman claimed that whenever she asked the man to marry her, the used to ignore her and even assaulted her.
The police registered a First Information Report (FIR) under charges of rape and criminal intimidation against the man based on woman's complaint.
