The Delhi High Court on Friday quashed an FIR lodged against a youth and exonerated him from all charges of having physical relations with a woman on the promise of marriage but not keeping his word later. Terming the FIR a gross misuse of powers by the police,Justice S N Dhingra observed that it was a case of obvious consent by the victim,a major,who knew at the time of establishing physical intimacy that she was not married to him. Therefore,no case under Section 376 (rape) of the IPC was made out. The accused was also booked under Section 493 (cohabitation caused by a man deceitfully inducing a belief of lawful marriage) of the IPC. Since it is a case of obvious consent of the girl,who was aware that no marriage had taken place and marriage between parties was yet to take place,no case either under Section 376 or 493 of the IPC is made out, noted the judge. The FIR was registered at Bhajanpura police station in 2006 on the basis of the girls statement,which said they became friends after their first meeting and started going out together. One day,the accused put vermilion in her hair and asked her to treat him as her husband. Thereafter,they developed physical relationship which continued for the next four years. One day when she asked him to marry her,he stopped meeting her or talking to her. Harish had been having physical relations with me on the promise of marriage. Action should be taken against Harish as per law, the complaint stated.
