[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. 

Justice Shampa (Dutt) Paul found that the complainant had gotten into a physical relationship with the accused in 2013, and continued it till 2018, after which she filed a complaint in 2020. The court said:

From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship being a major aged about 25 years at the time of the incident. The allegation of being put in fear has not been prima facie substantiated. The relationship started in the year 2013. The complaint has been lodged in 2020. 

"Here in this case too, there is no allegation in the FIR/ Charge Sheet about any promise of marriage at the outset of their relationship in the year 2013. The relationship continued till 2018. There is no allegation of forcible sexual intercourse. The alleged assurance of marriage in this case was also not the only reason to enter into a physical relationship. Thus as the relationship between the parties prima facie appears to be consensual the ingredients required to constitute the offences alleged are prima facie not made out against the accused/ petitioners herein," it added.

The case was filed against the petitioner in the year 2020. It was alleged by the complainant that she was forced into sexual intercourse on a false promise to marry by the petitioner, whom she had "blind faith" in. 

State submitted that the complainant had returned a positive pregnancy test, and had been in a relationship with the petitioner since the year 2013. It was further stated that the complainant had objected to the petitioner's marriage being fixed by his parents, and had filed the after allegedly being insulted.

Accordingly, in finding no merit in the complaint, the court quashed the case against the petitioner.

Case: Kavish Shabbir Ahmed Vs. The State of West Bengal & Anr. 

Case No: CRR 2269 of 2022

Citation: 2024 LiveLaw (Cal) 276

Click here to read order