Bombay High Court: While noting a case of false promise to marry Sandeep K. Shinde, J., refused to allow application wherein a man claimed the reason of astrological incompatibility valid for refusing marriage.
Application for discharge under Section 227 of the Code of Criminal Procedure, 1973 did not find favour with lower court, hence, this revision under Section 397 read with Section 401 of the CrPC.
Background
Complainant submitted that she and the applicant knew each other since 2012 and they both worked at the same place. Eventually, their friendship blossomed, and applicant assured the complainant that he would marry her.
In the complaint, it was submitted that the applicant promised to marry the complainant and then started exploiting her emotionally and mentally to have physical relations with her frequently. They both twice had physical intimacy.
They also established a sexual relationship and thereafter the complainant conceived.
In view of the above circumstances, the complainant told him that it would be better to get married instead of aborting the fetus. Though applicant promised to get married after 2 years and not immediately.
Complainant aborted the fetus by having pills as suggested by the doctor.
Further, though the complainant was not well, the applicant forced himself on her and started neglecting and avoiding her.
Later, complainant disclosed her relationship to her father who drove her out of the house and on approaching the applicant to marry her, he flatly refused to do so.
On being refused for marriage, the complainant filed a complaint with the Assistant Commissioner of Police who suggested counselling of the parties. Applicant in the presence of his parents unconditionally agreed for marriage and on being assured of the same, complainant withdrew the complaint. Surprisingly within 15 days applicant turned the table around and informed the counsellor that he won’t be able to marry the complainant.
Adding to the above, applicant stated that he never committed to marriage.
Senior Counsel for the applicant submitted that since the horoscopes of the applicant and complainant did not match and being a case of astrological incompatibility relations could not be furthered.
Analysis, Law and Decision
In the present matter, since the inception, applicant had no intention of upholding his promise to marry the complainant.
Applicant in the guise of astrological incompatibility of the horoscopes avoided the promise.
Hence, the present matter was a case of false promise to marry which apparently vitiates the complainant’s consent.
Settled Law
While considering the question of framing of the charges under Section 227, the Court has power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against accused has been made out.
facts emerging from the material/documents on record taken at their face value, disclose the existence of all ingredients constituting alleged offence under Section 376 of the IPC.
Therefore, the application was rejected. [Avishek Asit Mitra v. State of Maharashtra, 2021 SCC OnLine Bom 3001, decided on 20-09-2021]
Advocates before the Court:
Mr. Raja Thakare, Sr. Adv. With Mr. Shreeram Shirsat with Mr. Amandeep Singh Sra with Mr. Aakash Pathare, for the Applicant
Ms Sharmila Kaushik, APP for the Respondent-State