Gujarat High Court Rejects NRI's 'Mother's Objection' Defense in False Marriage Promise Case

The Gujarat High Court has dismissed a petition to quash an FIR against a Zambia-based man accused of obtaining sexual consent from a Vadodara woman through a false promise of marriage. The court distinguished between a genuine breach of promise and deceitful intent, ruling that the accused’s claim—that his mother opposed the union—was not a bona fide reason for non-marriage. Justice M K Thakker observed that the promise appeared made solely to satisfy lust, lacking any genuine intention to marry. The judgment referenced Section 69 of the Bharatiya Nyaya Sanhita, which criminalizes sexual intercourse achieved through deceit or false marital promises, carrying up to ten years in prison. The court noted the applicant’s lack of cooperation with the investigation and his residence abroad as aggravating factors. It emphasized that individuals must ascertain familial approval before engaging in sexual relations under the pretext of marriage. Consequently, the application was deemed devoid of merit, with the court stating that quashing the FIR would constitute an abuse of legal process and lead to a failure of justice.