Delhi HC Stays Order Directing Registration Of FIR Against Man For Alleged Rape After Victim Alleges That She Is His Wife

The Delhi High Court has stayed the Order directing registration of an FIR against a man under sections 341/342/354C/417/493/496 and 375 of the Indian Penal Code after the victim claimed that she went through a Buddhist marriage ceremony with the man in Taiwan.

“In the circumstances, the operation of order dated 27.03.2023 made by the learned ASJ shall remain stayed, till the next date of hearing before this court.”, Justice Anup Jairam Bhambhani ordered.

The Court was dealing with the plea by the accused seeking setting aside of the Order whereby ASJ had directed to register FIR against him. In the police complaint the woman had said that the petitioner, who was a divorcee, induced her into having physical relations with him on a false promise of marriage. She alleged that as a result of their physical relations she conceived a child with the petitioner.

She further alleged that thereafter the petitioner and the woman went through a ‘Buddhist marriage ceremony’ in Taiwan, which was also attended by close friends.

Senior Advocate N. Hariharan appeared for the petitioner-accused whereas APP Shoaib Haider appeared for the State.

The Court noted that “It is seen that several of the proceedings filed by respondent No. 2 against the petitioner are based on the premise that she is the lawfully wedded wife of the petitioner. If that be the stand of respondent No. 2, then the principal offence under section 375 IPC would not be made-out, since the promise of marriage cannot be said to have been false.”

The Court also observed that “Ordinarily, if the ingredients of a cognizable offence are made-out, the law requires an FIR to be registered. However, in the present case, the court entertains a fundamental doubt as to whether the requisite ingredients are disclosed, since even on a demurrer, respondent No. 2 herself alleges that she is the petitioner’s lawfully wedded wife.”

Thus the Court stayed the Order directing registration of FIR till the next date of hearing.

Cause Title- Veer Singh v. State of NCT of Delhi & Anr.

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