The Madhya Pradesh High Court recently reiterated in case of Sandeep and others and neelam and others that establishing sexual relations with a woman on false promise of marriage falls under the definition of rape and refused to quash an FIR filed against a man.
The petition was filed under Section 482 of the Code of Criminal Procedure, challenging an order passed in July, 2017 by the Judicial Magistrate of First Class under Section 156(3) of the Code of Criminal Procedure, directing registration of FIR under Sections 498A and 376 of the Indian Penal Code as well as the Dowry Prohibition Act against the man and his parents.
The court referred to the judgement in the case of State of U.P. v. Naushad, wherein the Supreme Court had observed, “A woman’s body is not a man’s plaything and he cannot take advantage of it in order to satisfy his lust and desires by fooling a woman into consenting to sexual intercourse simply because he wants to indulge in it.”
While dismissing the petition the court also declared that with regard to the offense under Section 376, consent received by fraud was no consent at all.