Making physical relations with mutual consent by making false promise of marriage is not a crime. Allahabad High Court has given an important decision on this. The High Court said that in such a situation, accusing a young man of having a relationship with a girl or a woman by deception and deceit cannot be considered a punishable offence.
The Allahabad High Court has said that Section 69 of the Indian Judicial Code (BNS) punishes only relationships created by fraud or deceit and not frustration arising from the breakdown of relationships created by mutual consent. The court said that a long-term consensual relationship cannot be considered fraud later. The court canceled the crime registered under section 69 of having sexual intercourse with false promise. But orders have been given to continue the investigation of the FIR registered under other sections. The arrest of the petitioner has been put on hold until the police report is presented.
This order has been given by the division bench of Justice Siddharth Verma and Justice Abdul Shahid while accepting the petition of Nilesh Ram Chandani. The complainant had registered a case under sections 352, 351(2), 69 and Dowry Prohibition Act at Noida Sector-63 police station. The petitioner's advocate told that both of them came close during LLM in Jodhpur and got engaged in June 2023. The wedding was fixed for November 2024, for which hotel booking, card printing and even the photographer had been decided. Even after knowing that the girl was from a backward class, the petitioner's family was ready for the marriage.
The girl's father was in the electricity department in Noida. But suddenly the marriage broke up and the girl lodged an FIR. Alleged that they had entered into a relationship with a false promise of marriage. The court said that the genuine intention of marriage was present and hence it does not constitute a case of fraud. However, investigation into allegations related to threats and assault will continue. After this the court canceled the crime registered under section 69. But orders have been given to continue the investigation of the FIR registered under other sections.
