Case Note & Summary
This criminal petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash the FIR in Crime No.140/2023 and the consequential charge sheet for offences under Sections 376, 417 and 504 of the Indian Penal Code, 1860. The first petitioner and the complainant had been known to each other for about seven years and were in a romantic relationship. They got engaged on 28 November 2021. The complainant alleged that the first petitioner had sexual intercourse with her on the false promise of marriage, and that the engagement ultimately did not result in marriage. The other five petitioners were family members of the first petitioner, arraigned as co-accused. The police filed a charge sheet after investigation. The petitioners contended that the relationship was entirely consensual, the consent was not obtained by any misconception of fact, and the engagement demonstrated a genuine intention to marry. The family members had no role in the alleged offences. The State and the complainant argued that the consent was based on a false promise and the matter should go to trial. The High Court analyzed the complaint and the material on record. It observed that the complainant and the first petitioner had a relationship spanning seven years, and there was a formal engagement. Physical relations occurred both before and after the engagement. Relying on Supreme Court precedents including Pramod Suryabhan Pawar, Sonu @ Subhash Kumar, Naim Ahamed, and Ansaar Mohammad, the court reiterated that a breach of a promise to marry, without more, does not constitute rape if the relationship was consensual and the promise was not false from its inception. The engagement was strong evidence that the intention to marry was genuine, and any subsequent breakdown did not transform the consensual acts into rape or cheating. The court concluded that the ingredients of the alleged offences were not made out, and the continuation of proceedings would be an abuse of the process of law. Accordingly, the petition was allowed, the FIR and charge sheet were quashed, and all criminal proceedings against the petitioners were terminated.
Headnote
A) Criminal Law - Rape and Consent - False Promise of Marriage - Indian Penal Code, 1860, Sections 375, 376, 90 - The court examined whether consent to sexual intercourse given under an alleged false promise of marriage vitiates consent as a misconception of fact. The complainant and the first petitioner had been in a relationship for seven years, had a formal engagement, and engaged in physical relations before and after the engagement. The court held that the long duration of the relationship, coupled with the engagement, indicated genuine intent to marry, not a false promise, and thus consent was not vitiated. (Paras 8-9) B) Criminal Law - Cheating - Breach of Promise to Marry - Indian Penal Code, 1860, Section 417 - The court considered whether the accused could be prosecuted for cheating on the ground of a false promise of marriage. It was held that in the absence of an intention to deceive from the inception of the relationship, and given the consensual and long-standing nature of the relationship with an engagement as proof of intent, no offence of cheating is made out. (Paras 8-9) C) Criminal Procedure - Quashing of FIR and Charge Sheet - Abuse of Process of Law - Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 - The court found that the continuation of criminal proceedings against all accused would be an abuse of the process of law. The FIR and charge sheet were quashed in their entirety to prevent miscarriage of justice. (Paras 10-11)
Issue of Consideration
Whether the FIR and charge sheet for offences under Sections 376, 417 and 504 of the Indian Penal Code, 1860 should be quashed when the complainant and accused were in a long-standing consensual relationship, the promise of marriage was manifested through engagement, and the engagement did not result in marriage
Final Decision
Petition allowed. FIR in Crime No.140/2023 and charge sheet No.13/2024 for offences under Sections 376, 417 and 504 IPC are quashed. All criminal proceedings against the petitioners are terminated.
Law Points
- consent obtained under a promise of marriage is not vitiated by misconception of fact if the relationship was long-standing and consensual with evidence of genuine intent to marry
- breach of promise to marry does not ipso facto constitute rape under Section 375 Indian Penal Code
- 1860
- ingredients of cheating under Section 417 Indian Penal Code
- 1860 are not attracted when there is no intention to deceive from the inception of the relationship
- criminal proceedings are liable to be quashed under Section 528 Bharatiya Nagarik Suraksha Sanhita
- 2023 if they amount to abuse of process
