GUWAHATI: The Madhya Pradesh High Court recently ruled that an already married woman cannot claim her consent for physical relations with another man was obtained on the false promise of marriage. The ruling came while quashing a rape case against a man accused by a married woman in 2023.
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Justice Maninder S Bhatti, while delivering the judgment, cited similar rulings of the Supreme Court and High Court. In its findings, the court observed that a married woman’s consent for a sexual relationship cannot be considered as being obtained under a "misconception of fact" based on a promise of marriage.
The case involved a woman, married to a driver and mother of two, who accused her neighbour of rape. The accused, also married, allegedly promised to marry her after divorcing his wife. However, he later declined, stating he was unable to obtain a divorce. Following this, the woman lodged a complaint, leading to the registration of a rape case against him.
As a result, the accused challenged the case in the High Court, arguing that the relationship was consensual. The court examined the complainant’s statement and found that the two were involved for three months and that the accused visited her home whenever her husband was away.
“Therefore, it cannot be said that the consent was given by the prosecutrix under some misconception of fact,” the court ruled. It further noted that the First Information Report (FIR) contained no allegations that the accused had coerced the woman into a relationship with a false promise of marriage.
Observing that the allegations did not establish a case of rape, the court ruled that continuing the trial would be unnecessary. “The FIR is required to be nipped in the bud, as the same would entail a long-drawn trial process,” the order stated while quashing the case.
