A breach of promise to marry does not constitute a false promise under Section 376 IPC unless it is shown that the promise was made without intention to uphold it.

JUDGMENT :

Subhendu Samanta, J.

1. This is an application u/s 397/401 read with Section 482 of the Code of Criminal Procedure for quashing a criminal proceeding being Sessions Case No. 114(7) 2022 arising out of Matigara Police Station Case No. 1190 of 2021 dated 16th of October, 2021 u/s 417/376 of IPC currently pending before the Learned Additional District and Sessions Judge, 1st Track Court at Siliguri.

2. The brief fact of the matter is that the respondent No. 2 lodged a written complaint on 16th October 2021 with the OC Matigara PS, containing inter alia that on 10th February, 2019 the petitioner bring de facto complainant at his PWD quarter Siliguri, and in a mandir/temple, he put vermilion at forehead of de facto complainant and also put a mangalsutra. It has been assured by the petitioner that he will marry her later on. Thereafter the petitioner started cohabitation with de facto complainant, thereafter the petitioner sent the de facto complainant to her house and he left for Sikim. It is the further contained of the petition of compliant that thereafter they started residing at different guest house in Siliguri as a husband and wife thereafter the date of registration of Marriage was fixed on 9th of October 2021 but on the said date, the petitioner never appeared before the Registry Office and stopped contact with the de facto complaint; on query the petitioner stated that he did not like the de facto complainant anymore and denied her to be wife.

3. On the basis of the said written complaint Matigara PS case No. 1190 of 2021 dated 16.10.2021 u/s 417/376 IPC was started. After completion of investigation police has submitted charge sheet.

4. The petitioner has approached this court for quashing the entire criminal proceedings on several grounds. It is the case of the petitioner that complainant and the petitioners were well known to each other since October 2018, through Face Book and became friend. They personally met with each other in the month of December 2018 and the said relationship subsequently turned into a love affairs. It is the further case of the petitioner since complainant and the petitioner regularly travel great distance to met each other resided at official quarter at great length of time and also stayed several hostels and guest houses and engaged in sexual relationship regularly for two continuous years. The petitioner further denied the fact in the petition of complaint regarding the purported marriage held on 10th February 2019 at Mandir a purported date of marriage registration on 9th October 2021.

5. Mr. Arnab Saha Learned Counsel appearing for the petitioner submits that the law of the land regarding allegation of rape on false promise of marriage has been settled by several pronouncement of the Hon’ble Supreme Court. He submits that the Hon’ble Supreme Court as well as the different High Court in several cases has decided the issue very clearly. Mr. Shah further argued that the present petitioner as well as respondent No. 2 are the major persons and are well aware about the consequences of their sexual relationship. He further submits that they are developed love and affairs between each other which resulted to consensual relationship between each other. In all cases of like nature, FIR lodged u/s 376 IPC has been quashed by the Hon’ble Supreme Court in each case. Mr. Saha argued that the allegation u/s 376 IPC has not made out in this case. The police has conducted perfunctory investigation and submitted charge sheet. He submits that in the several cases the Hon’ble Supreme Court has specifically guided that the consensual relationship and thereafter the cohabitation between the two major persons does not fulfil the criteria of Section 376 of IPC.

6. In support of his contention he cited several decisions of Hon’ble Supreme Court as follows:-

(1) Pramod Suryabhan Pawar Vs. The State of Maharashtra and Ors. AIR 2019 SC 4010

(2) Sonu Vs. State of UP and Ors. AIR 2021 SC 1405

(3) Shambhu Kharwar Vs. St