Court Rules Consensual Relationship Cannot Be Criminalized Without Evidence of Deception
In a landmark decision, the Karnataka High Court has quashed an FIR filed against Harshadeep Girish Parlathaya, accused of establishing a physical relationship with a woman under a false promise of marriage. The judgment, delivered by Justice M. Nagaprasanna, emphasized that consensual relationships cannot be retroactively criminalized merely because they do not culminate in marriage unless it is proven that the promise of marriage was deceitful from the inception.
The case arose when the complainant alleged that Parlathaya, whom she met while both were studying in Ireland, had entered a physical relationship with her based on a false promise of marriage. However, during the proceedings, it was revealed that the complainant was already engaged in divorce proceedings with her husband at the time the relationship began. The court noted that the relationship was consensual, extending over two years, and mainly transpired in Ireland.
Justice Nagaprasanna, while quashing the FIR, highlighted that the law does not criminalize heartbreak and that a mere breach of promise does not constitute a criminal offense under Section 69 of the Bharatiya Nyaya Sanhita, 2023. The judgment referred extensively to precedents set by the Supreme Court, which have consistently held that a promise of marriage must be shown as deceitful at inception to constitute an offense. The court cautioned against the misuse of criminal law as a tool for personal vendetta in failed relationships.
The decision underscores the importance of distinguishing between a false promise and a breach of promise, reiterating that emotional incompatibility or familial opposition does not amount to criminal intent at inception. The court emphasized the need for caution in preventing the criminal justice system from being misused as a retaliatory instrument.
The ruling is expected to have significant implications for similar cases, reinforcing the principle that consensual relationships should not be subjected to criminal proceedings unless clear evidence of deceitful intent is established.
Bottom Line:
Consensual physical intimacy between adults over a sustained period, even if premised on an expectation of marriage, does not constitute a criminal offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023, unless it is proven that the promise of marriage was deceitful and made in bad faith from the very beginning.
Statutory provision(s): Section 69, Section 115(2) of the Bharatiya Nyaya Sanhita, 2023
Harshadeep Girish Parlathaya v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2864036
