Court Cites Lack of Evidence for Initial Fraudulent Intent in Promise of Marriage Case
In a significant ruling, the Uttarakhand High Court has quashed the criminal proceedings against Suraj Bora, who was accused of rape on the pretext of marriage. The judgment, delivered by Justice Ashish Naithani on February 11, 2026, emphasized the absence of essential elements that constitute the alleged offence.
The case arose from an FIR filed by the complainant, who alleged that Suraj Bora had engaged in a long-term relationship with her, promising marriage but later reneging on this promise. The allegations led to the filing of charges under Sections 376, 323, 504, and 506 of the Indian Penal Code at the Mussoorie Police Station, Dehradun.
The court acknowledged that both parties were adults and had been in a consensual relationship for a considerable period. Justice Naithani pointed out that for an offence under Section 376 IPC to be established on the grounds of a promise to marry, it must be demonstrated that the promise was false from the inception and made solely to obtain consent for sexual relations. The judgment noted that the long duration of the relationship and the voluntary nature of interactions between the parties indicated a lack of initial fraudulent intent.
The court further stated that continuing criminal proceedings in the absence of foundational facts would constitute an abuse of the legal process and result in unnecessary harassment. It underscored the importance of the court's inherent jurisdiction to prevent such misuse and to uphold justice.
The ruling sets a precedent in cases where allegations of rape are based on a breach of promise to marry, clarifying that not every failed relationship can be deemed criminal unless initial deceit is evident. The judgment reaffirms the legal position that mere breach of a promise, without evidence of deception, does not amount to rape.
Bottom Line:
Quashing of criminal proceedings under Section 482 Cr.P.C. in cases where allegations do not disclose essential ingredients of the offence alleged.
Statutory provision(s): Section 482 Cr.P.C., Section 376 IPC, Section 323 IPC, Section 504 IPC, Section 506 IPC
Suraj Bora v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2852416
