Allegation of physical relation maintained on false promise to marry which ultimately led to solemnization of marriage is without basis – Supreme Court

Case Details:
Case Name: Ajeet Singh v State of Uttar Pradesh & ors
Case Number: Criminal Appeal No. 32 of 2024
Bench: Hon’ble Abhay S. Oka, J., Pankaj Mithal, J.

Relying on the judgment passed by the Supreme Court in State of Haryana & Ors v Bhajan Lal & Ors, Supreme Court of India quashes FIR alleging physical relationship maintained on false promise to marry against a husband.

The case involved an FIR lodged in Police Station Naka, District- Lucknow, Uttar Pradesh for offences under Section 376 and 506 of the Indian Penal Code, 1860.

The FIR was lodged when the daughter of the respondent while studying in Lucknow met the appellant who met and developed a love for each other. The respondent no. 3 who is father of the victim when approached the father of the appellant with marriage proposal, they declined the same. It was alleged in the FIR that upon the pressure of the victim the appellant prepared a certificate of marriage from the Arya Samaj Mandir and by playing fraud maintained physical relationship with the victim. It was further alleged that after exploiting his daughter, the appellant came to Sitapur and left the victim there on 22 April 2015 and later stopped attending her calls.

The counsel for the appellant brought to the notice of the Court the notice on behalf of the victim where it was admitted that a marriage was solemnized between the victim and the appellant and when the appellant filed restitution of Conjugal Rights under Section 9 of Hindu Marriage Act on 06 May 2015 the father of the wife lodged the FIR. The counsel for the appellant also pointed out that even the Investigating Officer filed an affidavit stating that the appellant had married the victim and the allegation of rape may not be substantiated.

Since the marriage of the victim and the appellant was admitted, the allegation that physical relationship was maintained due to false promise given by the appellant to marry is without any basis as their relationship led to the solemnization of marriage.

Hence, a case was made out for quashing the FIR.

Read the order/judgment here: Ajeet Singh v State of UP and ors