The Madhya Pradesh High Court recently observed that one year is enough time for a woman to understand the difference between a “mere breach of promise” and a “false promise of marriage.” The court quashed an FIR filed under Sections 376(2)(N), 506, and 34 of the IPC, along with subsequent criminal proceedings.
The case was heard by Justice Deepak Kumar Agarwal, who highlighted that the facts did not indicate a false promise to marry but rather a breach of promise.
According to the complaint, the woman (prosecutrix) and the petitioner were in a relationship from 2020 to 2021. She claimed to have stayed with him in Seondha on several occasions. However, whenever she brought up marriage, the petitioner allegedly avoided the topic. On July 10, 2021, she alleged that the petitioner assaulted her in his car.
The petitioner argued that the FIR was filed with malicious intent to take undue advantage. He also pointed out that the prosecutrix was a mature woman with three children, and her consent to the relationship was not based on any misrepresentation. On the other hand, the prosecutrix claimed that she believed his promise to marry her, which influenced her consent.
Referring to various Supreme Court judgments, the High Court explained:
“There is a clear difference between a breach of promise and a false promise to marry. Only a false promise made with the intention to deceive a woman invalidates her consent as it is based on a misconception of fact. A mere breach of promise does not qualify as a false promise.”
The Court noted that the prosecutrix continued her relationship with the petitioner until the FIR was filed, even after he avoided marriage. Therefore, the case was considered a breach of promise rather than a false promise.
While quashing the FIR and the charge sheet, the High Court stated that continuing the prosecution would be “an abuse of the process of law.”
- Case Title: Amar Singh Rajput v. State of M.P.
- Case No.: Misc. Criminal Case No. 46602 of 2022
- Order Date: 13-07-2023
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
