Court Denies Quashing of FIR, Citing Mala Fide Intent and Absence of Bona Fide Explanation by Accused
In a significant ruling, the Gujarat High Court has dismissed an application seeking to quash an FIR against Kunal Rameshbhai Kalyani, accused of engaging in sexual intercourse with a woman under the false pretense of marriage. The judgment, delivered by Justice M. K. Thakker, emphasized the mala fide intent of the accused and underscored the legal principles enshrined in the Bharatiya Nyaya Sanhita, 2023, particularly Section 69, which addresses deceitful means leading to sexual relations.
The FIR, lodged with the Sayajiganj Police Station in Vadodara, alleged that Kalyani developed a relationship with the complainant through Facebook and subsequently made false promises of marriage, leading to physical intimacy in a hotel room. Despite the accused's contention that the relationship was genuine and voluntary, and his subsequent refusal to marry was due to familial objections, the court found these explanations insufficient and indicative of deceitful conduct.
The judgment draws on statutory presumptions under Section 120 of the Bharatiya Sakshya Adhiniyam, 2023, which presumes the absence of consent in cases where intercourse occurs under false pretenses. Justice Thakker emphasized the distinction between a genuine breach of a promise and a promise made with no intention of fulfillment, the latter attracting penal provisions.
The court highlighted that the accused's conduct, including the delay in lodging the FIR and the accused's lack of cooperation with the investigation, further supported the inference of mala fide intent. The decision references the Supreme Court's stance in similar cases, reinforcing the necessity of examining the accused's intent at the time of making the promise.
The court reiterated the limited scope of its power to quash FIRs under Section 528 of the Bharatiya Nyaya Sanhita, 2023, which should be exercised sparingly and only in the rarest of cases to prevent abuse of the legal process. The judgment also referenced landmark decisions, including the State of Haryana v. Bhajanlal, underscoring the cautious exercise of judicial discretion in such matters.
The application to quash the FIR was thereby dismissed, reaffirming the legal framework's commitment to addressing offenses involving deceitful promises of marriage.
Bottom line:-
Section 69 of the Bharatiya Nyaya Sanhita, 2023 - False promise of marriage with no intention of fulfillment, followed by sexual intercourse, constitutes an offense punishable under the law.
Statutory provision(s):
Bharatiya Nyaya Sanhita, 2023 Section 69, Bharatiya Sakshya Adhiniyam, 2023 Section 120, Bharatiya Nyaya Sanhita, 2023 Section 528
Kunal Rameshbhai Kalyani v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2902657
