Allahabad High Court Upholds Charges Against Accused in False Promise of Marriage Case Court dismisses application to quash charges under Bhartiya Nyaya Sanhita, 2023, emphasizing deceitful promises as punishable offenses.
In a significant judgment, the Allahabad High Court has dismissed an application filed by Kuldeep Verma seeking to quash a charge sheet and ongoing trial proceedings against him. The case involves allegations of sexual intercourse under the false promise of marriage, along with other charges, under the newly enacted Bhartiya Nyaya Sanhita, 2023.
Presided over by Justice Avnish Saxena, the court scrutinized the charges under Section 69, which addresses deceitful means employed for sexual intercourse, emphasizing the legal distinction between a false promise with intent to deceive and an unfulfilled promise made in good faith. The court noted that the accused, Kuldeep Verma, had been involved in a prolonged relationship with the victim, during which he allegedly made false promises of marriage despite being already married.
The victim, in her statements, accused Verma of engaging in sexual relations with her for over a decade based on deceitful promises. She further alleged that Verma had been physically abusive and had threatened her to maintain silence about the relationship. The victim claimed ignorance of Verma’s marital status until much later in their relationship, which prompted her to lodge a formal complaint.
Despite the defense's argument that the relationship was consensual, and allegations of a fabricated marriage certificate, the court found the allegations sufficient to proceed with the trial. Justice Saxena highlighted that the accused's prior knowledge of his incapacity to marry the victim due to his existing marriage could constitute deceitful conduct under the penal provisions.
Moreover, the judgment referenced notable precedents including the Supreme Court's ruling in Pramod Suryabhan Pawar v. State of Maharashtra, distinguishing between promises made with deceptive intent and those genuinely unfulfilled due to unforeseen circumstances.
While dismissing Verma’s application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, the court underscored the necessity of a trial to thoroughly examine the evidence and determine the veracity of the victim’s claims.
This ruling reinforces the judiciary's stance on addressing and penalizing deceitful promises in intimate relationships, underlining the protective measures embedded within the Bhartiya Nyaya Sanhita, 2023 to safeguard individuals from such deceptive practices.
Bottom Line:
Sexual intercourse based on false promise of marriage is punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023. The provision distinguishes between a false promise made with intent to deceive and a promise made in good faith but later unfulfilled.
Statutory provision(s): Bhartiya Nyaya Sanhita, 2023 Sections 69, 115(2), 352, 351(3); Bhartiya Sakshya Adhiniyam, 2023 Section 120.
Kuldeep Verma v. State of U.P., (Allahabad) : Law Finder Doc Id # 2837187
