Consent can't be on misconception in physical relations: Delhi HC

New Delhi: The Delhi High Court ruled that when a woman makes a reasoned choice to establish physical relations, consent cannot be said to be based on misconception unless there is clear evidence of a false promise of marriage, PTI reported.

Justice Anoop Kumar Mendiratta made the observation while quashing a rape case against a man after noting that the matter had been amicably settled between him and the woman, and they had now gotten married to each other.

Justice Anoop Kumar Mendiratta pronounced, "It is pertinent to observe that whenever a woman makes a reasoned choice to establish physical relations after fully understanding the consequences of such action, the 'consent' cannot be said to be based on misconception of fact until and unless there is a clear evidence that a false promise with no intention of upholding the same was given by the maker at the time of making the promise."

"The said promise must be of immediate relevance and bear a direct nexus to a decision by the woman to engage in sexual act," the judge said.

The woman in the case filed a rape case against the man, alleging that he repeatedly established physical relations with her promising to marry her, but later his family fixed his marriage with someone else.

However, later, the court was informed that the man and the complainant had settled their dispute and got married in court.

The complainant told the high court that she had been living happily with the man and did not wish to proceed with the FIR, which was registered under "misconception" since the accused was reluctant to marry due to resistance from his family.

"Given the nature of the relationship between the petitioner (man) and respondent no.2 (woman), it does not appear that any such alleged promise was in bad faith or to deceive respondent no.2 but for the subsequent developments in the family of the petitioner," the court said.