1 week ago
Bombay High Court Quashes FIR in Failed Relationship Case
The case involved two doctors who had been in a relationship.
The woman said the man promised to divorce his wife and marry her.
She said they had a relationship for several years because of that promise.
The man asked the Bombay High Court to cancel the criminal case against him.
The court said a relationship ending badly does not automatically mean someone committed a crime.
It said prosecutors must show that the promise was dishonest from the very beginning.
The court found that the messages did not clearly show such a promise and suggested the relationship was consensual.
It therefore cancelled the FIR and related criminal proceedings.
The Bombay High Court quashed an FIR against a doctor accused of sex obtained through a false promise of marriage.
Justice Abhay J. Mantri ruled that a failed relationship does not automatically amount to deceit under Section 69 of the Bharatiya Nyaya Sanhita.
The complainant alleged that the relationship lasted from January 2019 to June 2023 and was based on a promise that the doctor would marry her.
The court said the prosecution had not shown that any promise of marriage was false from the beginning.
WhatsApp chats and other material were found more consistent with a consensual relationship than coercion, fraud or misrepresentation.
- Who
- A nearly 45-year-old doctor was accused by a 49-year-old widowed doctor, and Justice Abhay J. Mantri heard the petition.
- What
- The Bombay High Court quashed the FIR and criminal proceedings alleging sexual intercourse through deceitful means under Section 69 of the Bharatiya Nyaya Sanhita.
- Where
- The matter was heard by the Bombay High Court’s Kolhapur circuit bench.
- When
- The alleged relationship lasted from January 2019 to June 2023; the High Court allowed the doctor’s petition on September 4.
- Why
- The court found insufficient material to show that a promise of marriage was false from the outset and said a failed relationship alone does not establish deceit.
Complainant’s Allegations
Doctor’s Defense and Court’s Findings
Promise of marriage
Complainant’s Allegations
The complainant alleged that the doctor maintained a sexual relationship with her after promising to divorce his wife and marry her.
Doctor’s Defense and Court’s Findings
The court found that the available material did not establish that any promise was false when it was made.
Nature of the relationship
Complainant’s Allegations
The complainant treated the alleged promise and relationship as the basis for criminal proceedings under Section 69 of the Bharatiya Nyaya Sanhita.
Doctor’s Defense and Court’s Findings
The court found the WhatsApp exchanges more consistent with a consensual relationship than one caused by coercion, fraud or misrepresentation.
Breakdown and criminal liability
Complainant’s Allegations
The complainant said the relationship deteriorated and attributed the delay in filing the FIR to alleged threats against her and her children.
Doctor’s Defense and Court’s Findings
The court said criminal law should not be used to settle personal disputes arising from a relationship’s failure and noted that a failed relationship alone does not establish the offence.
Key facts
- Court
- Bombay High Court, Kolhapur circuit bench
- Judge
- Justice Abhay J. Mantri
- Relevant law
- Section 69 of the Bharatiya Nyaya Sanhita
- Alleged relationship
- January 2019 to June 2023
- Accused
- A nearly 45-year-old doctor
- Complainant
- A 49-year-old widowed doctor
- Outcome
- FIR and resulting criminal proceedings quashed
Quotes
Justice Abhay J Mantri
Bombay High Court judge who heard the case at the Kolhapur circuit bench
“The object of the legislature was to punish deceit and not disappointment. Moreover, every romantic failure cannot be painted as deceit.”
financialexpress.com
“criminal law remains a shield against fraud and not a weapon for settling personal disputes over failure of relationship.”
financialexpress.com
Sources
Related news
Gujarat High Court Quashes FIR Over Failed Marriage Promise
Kerala High Court Quashes Case Over Marriage Promise Claim
Supreme Court quashes FIR after mother blocks NRI marriage
Gauhati High Court Refuses Relief to Rape Accused
Mumbai Police Book Woman Over Alleged False Drug Party Tip-Off
Kolhapur Trains 15 Trans Persons as Disaster Responders
Pune Police Use PIT-NDPS Act Against Repeat Drug Suspect
Sonam Maskar’s Father Sold Land, Shop for Asian Games Dream
Maharashtra FDA Takes Action Against Suspected Substandard Milk Products
Pune FDA Seizes Rs76.62 Lakh in Festive Food Crackdown
