The Case
Title: Lt. Col. Varun Pratap Singh vs. State of M.P. & Ors. Citation: 2026:MPHC-JBP:19601 Court: Madhya Pradesh High Court (Jabalpur Bench)
The Legal Crux
The Court quashed an FIR registered under Section 69 of the BNS, 2023 (sexual intercourse by deceitful means) , ruling that a prolonged relationship (13 years) between two highly educated professionals cannot be termed as “lack of consent” due to a false promise of marriage if the complainant continued the relationship long after learning the truth.
Key Rulings for Your Case Files:
- Definition of Consent: Consent involves an “active and reasoned deliberation”. If a party makes a choice after evaluating the consequences, it constitutes legal consent.
- Education & Profession: The Court placed heavy weight on the fact that the complainant was a Police Constable and the petitioner an Army Officer. It held that a woman in a law enforcement role is expected to understand the legal significance of her actions.
- Knowledge of Marital Status: The complainant knew the officer was married since 2013. Continuing a physical relationship for 12 years after this discovery negates the claim that consent was obtained through a “misconception of fact”.
- Abuse of Process: A relationship that simply fails to “fructify into marriage” does not automatically become criminal.
Notable Quote: “It is not convincible that the complainant or any woman who is working in a Police Department would continue to meet the petitioner or maintained a prolonged physical relationship with him in the absence of voluntary consent on her part.”
