Delhi HC stays FIR filed against business tycoon's son
On March 27, Additional Sessions Judge of Saket Courts, Arul Verma, had directed the police to register an FIR under Sections 376, 493, 496, 417, 341, 342 and 354C of the IPC for inducing the woman to cohabit and have sexual relations with him (Veer Singh) without her consent. The woman has alleged that Singh has "committed rape upon her" as she entered into a sexual relationship with him on the belief that she is "lawfully married" to him and that he is her husband.
The present case pivots around the allegation that Singh induced the revisionist to reel under a misconception of fact that she is lawfully married to him and it is on the basis of this "misconception" of fact that Singh established sexual relations with her. At the outset, the court noted that the judgments relied upon by Singh's counsel pertain to instances where there was sexual intercourse on the pretext of false promise of marriage. The court said that it is a case where prima facie there are allegations of commission of sexual intercourse without the consent of the woman.
It has been alleged that Singh and his family members had organised a wedding ceremony on December 4, 2018, in Taiwan and post-wedding rituals like 'griha pravesh' (when a newly-wed bride enters her new home with her husband) and 'dhol' ceremony. It is to be noted that a child was begotten from this relationship and it is the revisionist's case that in May 2020, Singh first got her and the child moved to a rented accommodation and later expressed that he did not want to cohabit with her any more.
The woman represented by advocates Shivani Luthra Lohiya and Nitin Saluja has claimed that Singh has also asked for the child's custody and is disowning the factum of marriage. It is alleged that after a sham ceremony was orchestrated by Singh and his family members, the woman has been deceived, followed and observed without her consent. It is alleged that Singh placed CCTV cameras and baby monitors in the bedrooms and the lobby, and recorded her movements without her consent and knowledge.
The court said that by perusing the records, it is revealed that a ceremony was conducted between the parties (the revisionist and respondent Singh) in Taiwan followed by post-wedding functions. "A perusal of the photographs and videos produced on record reveals prima facie certain essential ceremonies of a de rigueur (proper) marriage were performed viz applying vermilion on the forehead, garlanding each other, applying mehndi and griha pravesh," the court said.