The Madhya Pradesh High Court quashed an FIR against an Army officer accused of sexual intercourse on the false promise of marriage, observing that the complainant, a highly educated woman working in the police department, could not have maintained a 13-year relationship without voluntary consent.
Key Observations by the Court
The Court said it was not believable that a woman serving in the police department would continue a long physical relationship without consent.
Both the complainant and the accused were educated and serving in uniformed services, making the allegation of prolonged deception difficult to accept.
The Court noted that the woman continued the relationship even after knowing that the officer was already married, which weakened the claim of a false promise of marriage.
Background of the Case
According to the FIR, the complainant met the Army officer in 2012 at an Army canteen in Bhopal.
She alleged that the officer misrepresented himself as unmarried and developed a physical relationship with her on the promise of marriage.
Court’s Decision
Justice Vinay Saraf held that the allegations did not make out a criminal offence and therefore quashed the FIR and related proceedings against the Army officer.
Legal Principle:
A long-term consensual relationship between adults cannot automatically be treated as rape or sexual exploitation on the pretext of marriage, especially when the circumstances show voluntary participation.
