The Nagpur bench of the Bombay High Court has quashed an FIR of rape against a man, asserting that retracting from a promise to marry, due to parental disapproval, doesn’t constitute rape. Justice MW Chandwani, hearing the petition seeking the FIR’s quashing, emphasized that breaking a promise to marry, even if it leads to a criminal case, doesn’t amount to rape.
The case involved a woman filing a complaint in Nagpur, alleging rape by her partner after learning he was engaged to another woman. The accused, summoned by the police, explained that he was willing to marry the complainant, but his parents objected. The FIR was filed under IPC Section 376(2)(n), prompting the accused to seek discharge from the Sessions Court, which was denied. Subsequently, he approached the High Court to quash the proceedings.
Advocate JM Gandhi argued that the relationship was consensual and based on a love affair. He presented WhatsApp messages indicating the victim’s initial reluctance for marriage. Gandhi contended that the complainant fabricated charges when the accused secured a new job and got engaged. Justice Chandwani concurred, stating, “Merely because the accused resiled from his promise to marry, since his parents were not agreeable to their marriage, it cannot be said that the applicant committed the offence punishable under Section 375 (rape) of the Indian Penal Code (IPC).”
The High Court emphasized that the physical relationship wasn’t solely based on the promise of marriage, as the couple engaged in consensual relations over an extended period. The judgment concluded that the accused shouldn’t face charges, discharging him from the case and disposing of his petition.
