Woman's FIR against London-based Indian solicitor mala fide: Delhi High Court

The Delhi High Court on Monday quashed an FIR lodged against a London-based Indian solicitor by a woman who was in a live-in relationship with him, holding that she filed the case out of malice to prevent him from flying to London.

The woman lodged the FIR with the Indira Gandhi International Airport police here following a scuffle with solicitor Amit Kumar in the departure terminal. She accused him of outraging her modesty and committing mischief with her. Later, she added a rape charge. She even snatched his passport.

Her allegation was that the solicitor, after having been in a live-in relationship with her for five years, refused to marry her.

While quashing the FIR on a petition by Mr. Kumar, Justice S. N. Dhingra said the woman had lodged the FIR with the mala fide intention of preventing him from leaving the country. Her four- hour delay in lodging the FIR was to ensure that the petitioner did not get back his passport in time to board his flight.

Defining “live-in,” Justice Dhingra said it was a “walk-in and walk-out” relationship which entails no obligation on the parties. “It (live-in relationship) is a contract of living together which is renewed everyday by the parties and can be terminated by either without the consent of the other. Thus people who choose to have a live-in relationship cannot complain of infidelity or immorality….” Justice Dhingra added.

In the present case, the woman is a divorcee with a child, while the solicitor was married and was staying with the woman without divorcing his wife.

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