The Allahabad High Court has refused to quash the criminal proceedings against a man accused of rape and other charges based on a false promise of marriage. Justice Manju Rani Chauhan emphasized that promises of marriage cannot be exploited to commit such crimes, reinforcing the Court’s stance against misuse of such promises.
The case, originating from Gautam Budh Nagar, involves an FIR lodged by a woman in January 2019. She alleged that the accused befriended her on social media, proposed marriage, and had physical relations with her under the pretext of marriage. The woman claimed the accused forced her to have two abortions and was involved with other women.
When she confronted him, he allegedly threatened her. Following these events, the woman filed a complaint at Police Station – Phase III, Gautam Budh Nagar, leading to criminal proceedings under Sections 323, 504, 506, 313, and 376 of the Indian Penal Code (IPC).
Legal Debate on Promise of Marriage
Accused Ravi Kumar Bharti, also known as Bittu, sought to cancel a non-bailable warrant issued by the Chief Judicial Magistrate of Gautam Budh Nagar and halt further proceedings. His defense argued that the relationship was consensual and that breaking a marriage promise does not constitute rape. They referenced past judgments where consensual sex was not considered rape, even if the marriage promise was later broken.
Conversely, the prosecution contended that the accused used the marriage promise to exploit the complainant, which constitutes a wrongful inducement under Section 376 IPC. They argued that the promise was false, given the accused’s simultaneous relationships with other women and the complainant’s pregnancies and abortions.
Justice Chauhan, after reviewing the arguments and evidence, dismissed the plea to quash the proceedings. The Court found sufficient prima facie evidence to support the allegations, pointing to a clear intent to deceive and exploit the complainant. Consequently, the Court upheld the criminal proceedings and the non-bailable warrant against the accused.
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