In a significant ruling, the Punjab and Haryana High Court has held that a married, fully mature woman cannot claim rape on the basis of a promise of marriage, stating that consent in such situations does not amount to inducement. The court made the observation while quashing rape charges against an advocate after determining that the complainant—herself a practising lawyer and still legally married—had been in a long-term consensual relationship with the accused.
The Bench observed that when a married, mature woman engages in sexual relations on the promise of marriage and continues such involvement, it reflects a disregard for the institution of marriage rather than inducement under a misconception of fact.
If you enjoyed reading this article, you can help support our journalism by adding OHeraldo as a preferred source.
Justice Shalini Singh Nagpal noted that all undisputed documents confirmed the complainant’s marital status. Her allegation that the accused had physical relations with her based on a marriage promise was deemed untenable. “The prosecutrix, being an advocate, was well aware that she had a subsisting valid marriage,” the court emphasised.
The court further clarified that even if the man had promised marriage, the offence of rape would still not be made out in the circumstances. The order came while partly allowing a petition seeking quashing of an FIR lodged in November 2020 at a women’s police station in Haryana.
Charges under Sections 376(2)(n), 180 and 506 of the IPC were set aside, but the court directed that proceedings would continue with respect to Section 67-A of the Information Technology Act. Counsel Vaibhav Sharma assisted the Bench in the matter.
(This story is published from a syndicated feed)
