The Madhya Pradesh High Court has quashed an FIR accusing a married Army officer of raping a policewoman on the pretext of marriage, holding that the relationship between the two was consensual and that the complaint appeared to have been filed after their relationship deteriorated.
In an order dated March 11, a single bench of Justice Vinay Saraf allowed the Army officer’s plea seeking quashing of the FIR registered last year at the Mahila Thana in Bhopal. The FIR had invoked provisions under Sections 69 and 351(2) of the Bharatiya Nyaya Sanhita (BNS), relating to sexual intercourse obtained through deceitful means and criminal intimidation.
The court observed that the complaint was filed after the relationship between the parties broke down. It noted, “It appears that due to the failure of the relationship between the petitioner (Army officer) and the complainant (policewoman), the complainant has lodged the instant FIR to pressurise the petitioner to continue the relationship.”
Examining the nature and duration of the relationship, the High Court found it difficult to accept that the physical relationship was based on a false promise of marriage. The bench stated, “In view of the same, this court is of the view that the petitioner is able to make out a case that it is not a case of rape but a case of consensual relationship.”
The court further held that the registration of the FIR amounted to an abuse of the process of law. It noted that the allegations did not disclose the essential ingredients of offences under Sections 69 or 351(2) of the BNS. “This court does not find any material and any ingredient in the FIR that any offence… is made out against the petitioner,” the order recorded.
According to the FIR, the complainant, a policewoman, first met the Army officer on December 23, 2012, at an Army canteen in the Shahjahanabad area of Bhopal. They subsequently remained in contact and developed a relationship.
The complainant alleged that the officer misrepresented himself as unmarried and promised to marry her, leading to a physical relationship between them. She later discovered in 2013 that he was already married. Upon confrontation, the officer allegedly claimed that his marital relationship was strained and assured her that he would obtain a divorce and marry her in the future.
The relationship continued over the years until 2025, when the complainant allegedly found that the officer was in contact with other women and had made similar assurances to them. She further alleged that he later threatened her, prompting her to approach the police.
After considering the entire material, the High Court concluded that the case did not disclose a criminal offence and quashed the FIR against the Army officer.
