SC canceled FIR because promise to get married was false at the beginning – LexForti Legal News & Journal
The Apex Court dismissed an FIR on rape allegations on the grounds that the defendant’s promise to marry was initially false, not a rape effect allegation.
In the present case, the FIR stated that the defendant and the complainant had been in a physical relationship for more than a year. During this time the applicant had been in constant contact with the family of the accused and had given her consent and entered into the marriage of the accused.
In the FIR, the complainant alleged that the defendant and his family had now rejected the marriage proposal and that their only complaint was that the defendant did not marry them.
The petitioner had turned to the Allahabad High Court in the present case and requested that the FIR be dismissed. However, this was refused.
The petitioner then turned to the Apex court, claiming that mere reading of FIR along with the statements recorded in Section 164 of the CrPC would suggest that neither the accused had any intention of marrying the prosecutor nor the promise marriage was wrong.
The bank made certain observations while reading the FIR. First, the relationship between the parties was amicable. Second, they had a long-term relationship. Finally, the defendant had expressed his refusal to marry the applicant, which led to the registration of the FIR.
The Apex court relied on the Pramod Suryabhan Pawar v Maharashtra State ruling which found that two proposals must be considered in order to determine whether or not the woman’s “consent” is invalid.
First and foremost, the marriage vow must be accompanied by the ill intention not to keep it. Second, the promise to get married and the woman’s decision to engage in sex must be directly related.
In the present case, the bank found that the defendant merely refused to marry the public prosecutor, which led to the registration of the FIR. The bank thus allowed the defendant to appeal.