{"id":311732,"date":"2024-01-18T17:00:56","date_gmt":"2024-01-18T11:30:56","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=311732"},"modified":"2024-02-21T13:21:19","modified_gmt":"2024-02-21T07:51:19","slug":"delhi-hc-directs-framing-of-rape-charges-against-a-man-who-made-false-promise-of-marriage-to-woman-legal-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/01\/18\/delhi-hc-directs-framing-of-rape-charges-against-a-man-who-made-false-promise-of-marriage-to-woman-legal-news\/","title":{"rendered":"\u2018Case of twin promise of marriage\u2019; Delhi HC directs Sessions Court to frame rape charges against a man for allegedly making false promise of marriage to a woman"},"content":{"rendered":"
\n

Delhi High Court:<\/span> In a criminal revision petition filed by the petitioner before the Court, Swarana Kanta Sharma, J.<\/span>*, opined that the present case, was a case of twin promise of marriage, and if Respondent 2 had not promised the petitioner, she would not have entered into physical relationship with him. It was also proved that during trial, whether it was breach of promise to marry, or false promise to marry for the sexual relationship, a mini trial could not have been conducted to reach this decision at the stage of framing of charge itself. Thus, the Court opined that there was sufficient material on record to frame charge against Respondent 2 under Sections 376<\/a> and 506<\/a> of the IPC<\/a>, and accordingly, set aside the impugned order dated 08-06-2023 and directed the Additional Sessions Judge, Patiala House Courts, New Delhi (‘the Sessions Court’), to frame charge against Respondent 2 under Sections 376<\/a> and 506<\/a> of the IPC<\/a>.<\/p>\n

Background<\/p>\n

In an instant case, the petitioner was married to her husband, and Respondent 2 was married to her wife. The petitioner knew Respondent 2 prior to their marriages and since, their relationship did not culminate into the marriage, they were married to different partners in 2011. They parted ways and became distant in terms of the countries they chose to live in, as the petitioner settled in India, while Respondent 2 settled in Canada, after marriage. The petitioner and her husband mutually decided to separate from each other and after extensive deliberations, both the families collectively decided that after the divorce, the petitioner would move to Canada with her children, since her family were planning to settle in Canada.<\/p>\n

Further, in 2016, the petitioner came in contact with Respondent 2, and started talking to each other. As, both the parties were going through marital challenges in their respective lives, Respondent 2 allegedly assured the petitioner for his desire to marry her and also, gave a commitment to the petitioner and her family. Thereafter, on 05-02-2017, the petitioner and Respondent 2 met each other and after that, Respondent 2 continued to meet her on annual basis. Anticipating marriage between themselves, the parties entered into physical relationship, and both of them initiated divorce proceedings with their respective marital partners.<\/p>\n

On 14-06-2020, a Facebook chat was exchanged between the petitioner and Respondent 2, which revealed Respondent 2’s enthusiastic anticipation of becoming the petitioner’s spouse and on 02-11-2020, Respondent 1 visited India and stayed with the petitioner at her flat for twenty-five days, and engaged in physical relations with her on the false pretext of marriage. The petitioner stated that another milestone of their relationship was when on 13-11-2020, the petitioner and Respondent 2, intended to get married and thus, went to a jeweller, to select Mangalsutra design. During this visit, Respondent 2 ordered a Mangalsutra pendant, with his initials and also made a payment for it. Meanwhile, on 26-02-2021, the divorce proceedings of the petitioner and her husband was allowed and divorce was granted.<\/p>\n

However, on 20-05-2021, the petitioner received a call, whereby Respondent 2 refused to marry her on the pretext that their relationship had become toxic. Thereafter, on being left with no other option, on 05-06-2021, the present FIR was registered under Sections 376<\/a> and 506<\/a> of the Penal Code, 1860<\/a> (‘IPC’).<\/p>\n

On 08-06-2023, the Additional Sessions Judge, Patiala House Courts, New Delhi (‘the Sessions Court’), discharged Respondent 2 of the offence under Sections 376<\/a> and 506<\/a> of the IPC<\/a> and observed that the petitioner’s consent was given after active, and reasoned deliberation and consent for sexual relationship was not given out of misconception of fact. The Sessions Court also observed that the present case pertained to breach of promise of marriage, rather than a false promise of marriage.<\/p>\n

Thus, the petitioner filed the present criminal revision petition.<\/p>\n

Analysis, Law, and Decision<\/p>\n

The Court opined that the present case portrayed a very peculiar story, where the parties concerned had not only represented and assured each other that they would be divorcing their respective partners and would get married, but they had also acted upon the promise given to each other. Further, Respondent 2 had also assured the petitioner’s ex-husband, that he would marry the petitioner and would also, take care of the petitioner’s children born from her wedlock with her ex-husband.<\/p>\n

The Court opined that while the present Court did not intend to engage in moral policing and comment on the parties conduct regarding continuing their relationship with each other, while being lawfully married to their respective partners, this Court, could not ignore that their respective partners were also aware about their relationship and their intention to get married to each other.<\/p>\n

The Court opined that in the present case, the parties decided to marry each other and settle in Canada along with the petitioner’s children after obtaining the divorce from their respective partners. However, Respondent 2, later refused to marry her, though as per the allegations in complaint by the petitioner, Respondent 2 forced her for divorce and on the pretext of marriage, repeatedly engaged in sexual relationship with her. The Court opined that the Mangalsutra, also reflected Respondent 2’s intention to marry the petitioner. Thus, it was a case of twin promise of marriage, and had he not promised her, she would not have entered into physical relationship with him. It was also proved that during trial, whether it was breach of promise to marry, or false promise to marry for the sexual relationship, a mini trial could not have been conducted to reach this decision at the stage of framing of charge itself.<\/p>\n

Further, regarding discharge of Respondent 2 under Section 506<\/a> of the IPC<\/a>, the Court noted that there were specific allegations in the FIR that Respondent 2 refused to marry the petitioner and had abused and threatened to kill her and her children. Further, on 01-06-2021, Respondent 2 again extended such threats, after which the petitioner approached Delhi Commission for Women and Police. Therefore, the Court opined that though the veracity of these allegations could only be tested during the course of the trial, the material on record at the present stage was sufficient and strong enough to frame charges against Respondent 2 for commission of offence under Section 506<\/a> of the IPC<\/a>.<\/p>\n

The Court opined that there was sufficient material on record to frame charge against Respondent 2 under Sections 376<\/a> and 506<\/a> of the IPC<\/a>, and accordingly, set aside the impugned order dated 08-06-2023 and directed the Sessions Court to frame charge against Respondent 2 under Sections 376<\/a> and 506<\/a> of the IPC<\/a>.<\/p>\n

[X v. State (NCT of Delhi), 2024 SCC OnLine Del 311<\/a>, decided on 03-01-2024<\/span>]<\/p>\n

*Judgment authored by- Justice Swarana Kanta Sharma<\/span><\/strong><\/p>\n\n

Advocates who appeared in this case:<\/p>\n

For the Petitioner:<\/span> Samridhi Arora, Sanjana and Tanya Singh, Advocates.;<\/p>\n

For the Respondents:<\/span> Naresh Kumar Chahar, APP for the State with SI Aarti Yadav, P.S. Sagarpur, Shekhar, Advocate<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

“The cases involving emotional situations where the parties of the story have taken decisions and acted upon them on the basis of peculiar circumstances of their lives, have to be adjudged and adjudicated according to their own peculiarity and situational dissection of facts.”<\/p>\n","protected":false},"author":67520,"featured_media":303940,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[2543,39800,36335,43904,56619],"class_list":["post-311732","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-Delhi_High_Court","tag-false-promise-of-marriage","tag-penal-code-1860","tag-rape-charges","tag-section-376-of-ipc"],"yoast_head":"\nDelhi HC directs framing of rape charges against a man who allegedly made false promise of marriage to woman| SCC Blog<\/title>\n<meta name=\"description\" content=\"Delhi High Court directed the Sessions Court to frame charge against Respondent 2 under Sections 376 and 506 of the IPC.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2024\/01\/18\/delhi-hc-directs-framing-of-rape-charges-against-a-man-who-made-false-promise-of-marriage-to-woman-legal-news\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"\u2018Case of twin promise of marriage\u2019; 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Del HC explains","author":"Bhumika Indulia","date":"April 8, 2022","format":false,"excerpt":"Delhi High Court: Noting that the Trial Court failed to perform its duty and rendered a mechanical order, Subramonium Prasad, J., set aside the trial Court\u2019s order in a matter wherein, a woman had alleged that she was subjected to physical relationship with a boy on a false promise of\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/01\/Delhi_New-logo.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/01\/Delhi_New-logo.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/01\/Delhi_New-logo.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/01\/Delhi_New-logo.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/01\/Delhi_New-logo.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":293672,"url":"https:\/\/www.scconline.com\/blog\/post\/2023\/06\/02\/courts-must-not-draw-conclusions-at-stage-of-bail-delhi-high-court-legal-news\/","url_meta":{"origin":311732,"position":1},"title":"Neither appropriate nor feasible for Courts to draw conclusions at the stage of bail: Delhi High Court","author":"Simranjeet","date":"June 2, 2023","format":false,"excerpt":"At this stage of bail, it can hardly be said with any conviction that the promise of marriage made by the petitioner to the prosecutrix is ex-facie false; and that it has been made in bad faith, with no intention of being adhered to when it was given.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"delhi high court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/05\/delhi-high-court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/05\/delhi-high-court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/05\/delhi-high-court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/05\/delhi-high-court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":265381,"url":"https:\/\/www.scconline.com\/blog\/post\/2022\/04\/13\/can-promise-to-marry-a-married-woman-be-legally-enforceable-wherein-she-voluntarily-formed-sexual-relations-with-a-man\/","url_meta":{"origin":311732,"position":2},"title":"Can promise to marry a married woman be legally enforceable wherein she voluntarily formed sexual relations with a man? Ker HC explains","author":"Bhumika Indulia","date":"April 13, 2022","format":false,"excerpt":"Kerala High Court: Dr Kauser Edappagath, J., addressed a matter wherein a married woman voluntarily had sex with her former lover. In the present matter, the petitioner who was the sole accused faced trial for the offences punishable under Sections 376(1) and 376(2)(n) of the Penal Code, 1860. The prosecution\u2019s\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":282775,"url":"https:\/\/www.scconline.com\/blog\/post\/2023\/01\/31\/breach-of-promise-to-marry-different-from-false-promise-supreme-court-acquits-man-accused-of-rape-by-mother-of-three-married-woman-extra-marital-affair-criminal-trial-law-legal-research-updates-news\/","url_meta":{"origin":311732,"position":3},"title":"\u2018Each breach of promise to marry is not a false promise\u2019; Supreme Court acquits man accused of rape by a mother of three","author":"Prachi Bhardwaj","date":"January 31, 2023","format":false,"excerpt":"The Supreme Court observed that the prosecutrix had betrayed her husband and three children by having relationship with the accused during the subsistence of her marriage and had continued to live with the accused even after finding out that he was a married man having children.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/01\/MicrosoftTeams-image-236.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":275355,"url":"https:\/\/www.scconline.com\/blog\/post\/2022\/10\/11\/kerala-high-court-false-promise-breach-of-promise-section-376-ipc-rape-first-information-report-consent-fraudulent-dishonest-inducement-section-482-crpc-cheating-criminal-breach-of-trust-legal-res\/","url_meta":{"origin":311732,"position":4},"title":"Kerala High Court| Allegation of rape on false promise to marriage unsustainable, if the relationship between the two continued even after marriage of accused","author":"Editor","date":"October 11, 2022","format":false,"excerpt":"\u00a0 \u00a0 Kerala High Court: In a petition filed under Section 482 of the Code of Criminal Procedure (CrPC) for quashing the First Information Report (FIR) for offences under Sections 406, 420 and 376 of the Penal Code, 1860 (IPC), Kauser Edappagath, J. has reiterated that if a man retracts\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Kerala High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/06\/kerla_high_court.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/06\/kerla_high_court.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/06\/kerla_high_court.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/06\/kerla_high_court.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/06\/kerla_high_court.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":284212,"url":"https:\/\/www.scconline.com\/blog\/post\/2023\/02\/17\/calcutta-high-court-revision-petition-quashment-fir-criminal-proceeding-false-promise-to-marry-breach-of-promise-to-marry-difference-allowed\/","url_meta":{"origin":311732,"position":5},"title":"There is a difference between false promise to marry and breach of promise to marry; Calcutta High Court quashes offence of Rape","author":"Editor","date":"February 17, 2023","format":false,"excerpt":"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,\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Calcutta High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/12\/MicrosoftTeams-image95.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/311732","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/67520"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=311732"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/311732\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/303940"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=311732"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=311732"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=311732"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}