In a significant ruling, Justice Manju Rani Chauhan of the Allahabad High Court has refused to quash criminal proceedings against a man accused of rape and other charges under false promises of marriage. The decision emphasizes that a promise to marry cannot be wielded as a tool for exploitation, reinforcing the court’s stance against misuse of such promises to exploit individuals.
Background of the Case
The case revolves around an FIR lodged in January 2019 by a woman alleging that the accused had befriended her on social media platforms like Facebook and WhatsApp several years ago and subsequently proposed marriage to her, to which she consented. According to the complaint, the accused established a physical relationship with her under the pretext of marriage. She claimed that she became pregnant twice during the relationship, and on both occasions, the accused allegedly coerced her into terminating the pregnancies.
Further allegations stated that when the complainant discovered the accused’s involvement with other women and confronted him, he threatened her with dire consequences. Following these events, she filed a complaint, leading to the initiation of criminal proceedings under Sections 323, 504, 506, 313, and 376 of the Indian Penal Code (IPC).
Legal Issues Involved
The main legal issue in this case centers around whether a promise of marriage, which was not fulfilled, can be considered a false pretext for establishing a physical relationship, thereby constituting an offense under Section 376 (rape) of the IPC. The accused sought to quash the non-bailable warrant issued by the Chief Judicial Magistrate of Gautam Budh Nagar in June 2020 and to halt further proceedings.
The defence argued that the relationship was consensual, and no offense under Section 376 IPC could be established. They cited past judgments where courts have ruled that consensual relationships do not constitute rape, even if a promise of marriage is later broken. In contrast, the prosecution contended that the accused had used the promise of marriage as a tool to exploit the complainant repeatedly, which constituted a false inducement under Section 376 IPC.
Court’s Observations and Decision
Justice Chauhan, after reviewing submissions and the evidence on record, dismissed the plea to quash the criminal proceedings. The court noted that the promise of marriage was evidently false, as demonstrated by the accused’s simultaneous involvement with other women and his actions leading to the complainant’s pregnancies and their subsequent abortions.
Quoting the Supreme Court’s judgment in Anurag Soni v. State of Chhattisgarh, Justice Chauhan stated:
“From the very beginning, the accused never intended to marry the prosecutrix; he gave a false promise to the prosecutrix to marry her, and on such false promise, he had a physical relationship with the prosecutrix… Such a consent shall not excuse the accused from the charge of rape under Section 375 IPC.”
The court highlighted that there was sufficient prima facie evidence to support the charges, including evidence of emotional manipulation and coercion, which pointed to a clear intent to deceive and exploit the complainant. Consequently, the court found no merit in the application and refused to quash the proceedings or the non-bailable warrant issued against the accused.
Case Reference: Application U/S 482 No. – 4497 of 2021, Court No. – 75, Hon’ble Mrs. Manju Rani Chauhan, Date of Order: 9.8.2024, Allahabad High Court.
