Court rules that the essential ingredients for the offence were not satisfied, quashing proceedings in light of settlement between parties.
In a significant judgment, the Kerala High Court quashed the First Information Report (FIR) against Habibur Rahman, who was accused of making a false promise of marriage to a married woman, thereby allegedly committing an offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023. The case, which was registered under Crime No.1440/2025 of Kovalam Police Station, involved allegations that Rahman had sexual intercourse with the complainant after deceitfully promising marriage, alongside charges under the Information Technology Act, 2008 for allegedly sharing nude photographs.
The petitioner, Habibur Rahman, approached the High Court seeking quashing of the FIR and subsequent proceedings, citing a settlement with the complainant. The complainant, a married woman with two children, also filed an affidavit corroborating the amicable settlement of the dispute and expressing her disinterest in continuing the prosecution.
Justice Jobin Sebastian, while delivering the judgment, emphasized the societal interest in cases involving grave offences. However, he noted that the mere allegations without fulfilling the essential ingredients of the offence could not sustain criminal prosecution. The court observed that the complainant's existing marriage and voluntary actions contradicted the claim that her consent was induced solely by a false promise of marriage.
The judgment further articulated that the essential ingredients required to establish an offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023, were not made out in this case. The court concluded that the materials presented did not indicate the commission of the alleged offence, thereby rendering a successful prosecution unlikely.
In light of these observations and the settlement between the parties, the court deemed the continuation of the criminal proceedings as an abuse of the legal process. Consequently, using its powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court quashed the FIR and all related proceedings against Habibur Rahman.
This judgment underscores the court's balanced approach in weighing societal interests against the merits of allegations and the implications of private settlements in criminal proceedings.
Bottom Line:
Quashing of FIR in cases involving alleged false promise of marriage - Where the de facto complainant is a married woman with subsisting marriage, the essential ingredients for invoking Section 69 of the Bharatiya Nyaya Sanhita, 2023 are not satisfied. Consent for sexual relationship cannot be presumed to have been induced solely on the basis of a false promise of marriage.
Statutory provision(s):
Bharatiya Nyaya Sanhita, 2023 Section 69, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Information Technology Act, 2008 Section 66E
Habibur Rahman v. State of Kerala, (Kerala) : Law Finder Doc id # 2973699
