Court Holds Seven-Year Physical Relationship Without Protest Indicates Consent, Not Sexual Exploitation Under False Promise of Marriage
In a significant judgment dated August 29, 2026, the Jharkhand High Court, presided over by Justice Anil Kumar Choudhary, quashed the criminal proceedings initiated against Lalu Mahtha under Section 376(2)(n) of the Indian Penal Code (IPC) concerning allegations of sexual exploitation by false promise of marriage. The Court observed that the facts of the case revealed a consensual physical relationship spanning over seven years, which negated the charge of sexual exploitation.
The case originated from an FIR lodged by a woman who alleged that the petitioner, Lalu Mahtha, had promised to marry her but instead exploited her sexually over a prolonged period. The informant stated that their relationship began in 2016 after meeting at a marriage ceremony, followed by continuous physical relations and repeated assurances of marriage. However, the petitioner allegedly severed contact and refused to marry her, leading to the criminal complaint.
The Jharkhand High Court examined the evidence and noted the absence of any specific allegation that the petitioner lacked the intention to marry the informant at the inception of their relationship. The Court relied on the principles laid down by the Supreme Court of India in Mahesh Damu Khare v. State of Maharashtra (2024) and Pramod Suryabhan Pawan v. State of Maharashtra (2019), emphasizing that a prolonged physical relationship without protest or insistence for marriage typically indicates consent rather than deception through a false promise.
Justice Choudhary held that the continuation of the proceedings under Section 376(2)(n) IPC, which punishes sexual exploitation by false promise of marriage, would amount to an abuse of the legal process since the facts did not disclose an offence. The Court highlighted that a mere breach of promise to marry does not constitute a false promise unless it is shown that there was no intention to marry from the beginning.
Consequently, the Court quashed the FIR, charge-sheet, and cognizance order passed by the Chief Judicial Magistrate, Giridih, thereby terminating the criminal case against Lalu Mahtha.
This judgment reaffirms the legal position that consensual relationships between adults, even if resulting in a broken promise of marriage, do not automatically amount to criminal sexual exploitation under the applicable penal provisions. It underscores the importance of distinguishing between genuine consent and deception where the initial intention to marry is absent.
Bottom Line:
Quashing of criminal proceedings under Section 376(2)(n) of IPC on the ground of consensual relationship.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Indian Penal Code Section 376(2)(n)
Lalu Mahtha @ Lalu Mahta v. State of Jharkhand, (Jharkhand) : Law Finder Doc Id # 2972031
