Delhi HC stays FIR against tycoon's son accused of 'sham marriage'

It is alleged that after a sham ceremony was orchestrated by the tycoon's son and his family members, the woman was observed without her consent

The Delhi High Court on Wednesday stayed a sessions court order that had directed the police to register an FIR against Veer Singh, the son of Max Group founder-Chairman Analjit Singh, for inducing a woman to cohabit with him and to establish sexual relations with him after performing a sham marriage ceremony.

Justice Anup Jairam Bhambhani stayed the order after Singh moved to the High Court.

The court has also issued notices on the plea and the case has been scheduled to come up for the next hearing on May 29.

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 the 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 the 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.

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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.

Verma said that such a ceremony is "bound to induce" the revisionist to believe that a lawful marriage was entered into, and on this basis, she agreed to cohabit and have sexual intercourse with Singh.

Singh's sister had also congratulated the parties via Facebook on their marriage while his father had sent her a voice note welcoming her into the family.

However, Singh's counsel adverted to certain emails exchanged between the parties to contend that Singh had no intention to marry the revisionist and that both of them had agreed to be in this relationship without marriage.

To this, the court said that these contentions cannot be countenanced in as much as the abstruse personal messages exchanged between the parties do not unequivocally establish the claim of the respondent and that the messages were exchanged prior in time from the date of the marriage.

In the present case, allegations have been levelled by the revisionist that Singh has committed the offence of voyeurism against her and she placed reliance on her letter dated February 20, 2021, to the SHO of the Defence Colony police station.

"Veer and staff members had also video recorded me while I was changing my clothes or when I was breastfeeding my son," the woman alleged.

"This allegation, which prima facie crosses all bounds of decency and makes a woman feel unsafe in her own abode, definitely needs to be probed by the police," the court noted.

"CCTV footage to establish incidents of stalking or voyeurism have to be obtained. Even the victim's statement under Section 164 CrPC has to be recorded and medical examination conducted in order to unearth the truth of the matter," the court said.

"The allegations as brought forth at this juncture paint a portrait of a hapless woman left in a lurch. Such an affront to the dignity of a woman cannot be brushed under the carpet for it will compound her ignominy," the court said.