HIGH COURT AUGUST 2024 WEEKLY ROUNDUP| Stories on Yuvraj Singh; Rajdeep Sardesai; Malabar Gold; International tax charges; and more
A quick review of reported cases this week from various High Courts across the country
False Promise to Marry
[Breach of promise to marry v. False promise to marry] Bombay HC refuses to quash FIR against rape accused, for extracting sexual relations on pretext of marriage
“The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given”- Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608
Failed Long-term relationships not ground for filing Rape FIRs: Madhya Pradesh High Court
‘In a young age when relationship develops, they naturally carry impression that they will get married. However, sometimes it fails, and the girl, considering herself to be betrayed and deceived, cannot lodge the FIR saying that rape has been committed with her.”
‘No misconception on the part of victim regarding promise of marriage with convict’: Madras HC sets aside conviction of rape accused
“The Court below lost sight of the rudimentary principle governing rape and convicted the convict on the strength of the gospel that Indian women do not lie in such matters, which cannot be sustained, as the facts surrounding each and every case and the evidence available ought to form the basis of arriving at a finding, and the surrounding scenario cannot be the basis to render a finding.”
Read why Allahabad HC refused to set aside order acqutting a man accused of rape on false promise of marriage
“There is clear distinction between rape and a consensual sex. The Court in such cases carefully examined whether accused actually wanted to marry victim or had a malafide motive and had made a false promise to this effect to satisfy his lust, as latter false ambit of cheating or deception. There is a distinction between breach of promise or not fulfilling the promise.”
SC upholds Karnataka HC order quashing proceedings against man accused of rape on false promise to marry due to inconsistent Prosecutrix testimonies
Supreme Court: In a criminal appeal filed against the order passed by the Karnataka High Court, wherein the Court allowed the petition
‘No rape on false promise to marry’; Supreme Court quashes rape case by married woman
Supreme Court took note of the evident consent of the complainant as well as her parents and daughter, who were living in the same house.
HIGH COURT SEPTEMBER 2023 WEEKLY ROUNDUP| Stories on Teacher-Recruitment scam; Omar Abdullah; Senthil Balaji; Live-in Relationships; and more
A quick legal roundup to cover important stories from all High Courts this week.
Allahabad High Court grants bail to man accused of raping live-in partner under false promise to marry
“The british concept of changing partner in every season cannot be considered to be hallmark of a stable and healthy society. The security and stability which the institution of marriage provides to an individual’s life cannot be expected from live-in-relationship.”
“More than one year” is sufficient time for prudent women to uncover false marriage promises: Madhya Pradesh High Court
Madhya Pradesh High Court held that held that in the present circumstances, the prosecution of the petitioner for the offences under Sections 376(2)(N), 506 and 34 of IPC will amount to abuse of process of law.
Man refuses to marry woman after having sexual relations due to her Mangal dosh; Allahabad High Court directs examination of her Kundali
Allahabad High Court directed the Head of Astrology Department, Lucknow University to submit the report in a sealed cover within three weeks.
Cases where relationship turns sour cannot be inferred that the physical relationship established on every occasion was against will; Bombay High Court discharges accused in false promise of marriage
Bombay High Court commented that refusal to discharge the accused merely with an observation that intercourse was forcible at some time cannot be said to be a justified exercise of power.
Offences under POCSO are not compoundable; Allahabad HC declines quashing the proceedings based on compromise between parties
Allahabad High Court said that the purpose is not to persecute the accused, nor is it to let him off because his relations with the complainant has taken a happier turn, as an offence of rape or one under POCSO is an offence against the society.
There is a difference between false promise to marry and breach of promise to marry; Calcutta High Court quashes offence of Rape
While examining the difference between false promise to marry and breach of promise to marry, the Court held that from the facts and circumstances of the case i.e., the extent of being physically involved with her on the false promise to marry in near future. The defacto-complainant being already married, the petitioner cannot be held liable for committing the alleged offences.
Can promise to marry a married woman be legally enforceable wherein she voluntarily formed sexual relations with a man? Ker HC explains
Kerala High Court: Dr Kauser Edappagath, J., addressed a matter wherein a married woman voluntarily had sex with her former lover. In
Physical relations on Promise to Marry| Long term relationship with intent of marriage ended on hostile terms, would it be covered under S. 376(2)(n) IPC? Del HC explains
Delhi High Court: Noting that the Trial Court failed to perform its duty and rendered a mechanical order, Subramonium Prasad, J., set
False promise of marriage to satisfy lust, leading to offence of cheating and rape?: Bom HC refuses to quash FIR for offences under Ss. 376, 417 IPC
Bombay High Court: The Division Bench of A.S. Chandurkar and G.A. Sanap, JJ., refused to exercise jurisdiction under Section 482 CrPC for
False promise of marriage | Can mere failure to keep a promise without anything more lead to irresistible conclusion that promise had been dishonestly made from inception? Cal HC decides
Calcutta High Court: While addressing a matter under Section 376 of Penal Code, 1860 Division Bench of Joymalya Bagchi and Bivas Pattanayak,
‘Astrological Incompatibility’ as reason to refuse marriage: Bom HC refuses to discharge man accused of rape on false promise of marriage
Bombay High Court: While noting a case of false promise to marry Sandeep K. Shinde, J., refused to allow application wherein a