Allahabad High Court Rules: Broken Marriage Promise Between Adults Not a Criminal Offense

Prayagraj, Uttar Pradesh: The Allahabad High Court has delivered a significant judgment in a case involving allegations of sexual assault based on a broken marriage promise. The court ruled that a consensual relationship between two adults cannot be classified as a criminal offense simply because a subsequent marriage promise is not fulfilled. Justice Avneesh Saxena quashed the proceedings in the trial court.

Case Background:
The case originated from an FIR registered at Gandhi Park Police Station, Aligarh, against Jitendra Kumar, accused by a woman of entering into a relationship with a false promise of marriage from 2014 to 2021, and forcing her to undergo abortion. Allegations also included threats made by the accused’s brother and sister-in-law.

Relationship Since College Days:
The accused and his family approached the High Court, seeking dismissal of the case, including the chargesheet and trial proceedings. Their counsel argued that the relationship began during college, both parties were adults, and the relationship was mutually consensual. The defense further claimed that the complainant demanded ₹10 lakh from the accused and filed a false FIR when her demand was not met.

Legal Significance:
The complainant’s lawyer maintained that the accused had intentionally misled her with a false marriage promise. Justice Saxena’s judgment is relevant under Section 69 of the Indian Penal Code, which addresses cases related to sexual relations formed under false promises of marriage. The court clarified that a long-term consensual relationship cannot, by itself, constitute a criminal act if the marriage promise is not fulfilled.

This ruling reinforces the principle that adult consent in relationships is paramount and cannot be retroactively criminalized solely on the basis of unfulfilled promises of marriage.