Keywords – Married Woman ,Man , Complaint, Promise.
Karnataka High Court has squashed an FIR launched by a married woman complaining she was cheated by the man as he failed to keep his promise of marriage to her. The story starts with a married woman who moved to Bangalore with her daughter and husband lived with her in Bangalore for about six months and then did not return to the house for some time. So she was forced to take up employment at a marketing company then she met a man at her place of work and it is alleged by her that he lured her into a relationship with the assurance of marriage then because the man failed to fulfill his promise of marriage with her she filed an F.I.R against him for cruelty intentional insult with intent to provoke a breach of peace criminal intimidation by anonymous communication and for cheating her.
Complaint narrated that the petitioner and the complainant had come in contact with each other and she claims that the petitioner had assured her that he would marry her despite the fact that she was five years older and a married woman with a child. It goes on to narrate that two years ago that is two years before the complainant the petitioners whom the complainant claims to be her new husband in Malaysia for two years and every month for the purpose of living he used to send her money therefore he is of the traits of being a husband later he stopped answering the calls of the complainant so this woman then approached the Karnataka High Court with the petition to quash this FIR against him under Section 428 of the Code of Criminal Procedure .
A single judge bench of Justice M Naga Prasanna heard the matter . The petitioner had told the court that he had helped the complainant at a time on dire need but never assured her that he would marry her as the complainant was already married and had a child . He also argued before the court that unless she would come out of the marriage even the allegation that the petitioner had promised to marry her cannot be sustained. The bench also noted that the petitioner was in Malaysia and used to send money to the complainant for the purpose of living therefore the complainant claimed that he is of the traits of a husband.
However the court said that no document was produced to demonstrate that the petitioner at any time was the complainant’s husband the court said and I quote the offence alleged is one punishable under Section 498 A of the Indian Penal Code there is not even a document to demonstrate that the petitioner and the first respondent are married. It is in fact admitted by the complainant that she is already married and has a child born from the said wedlock the court further elaborated on the contention of him being the nature of husband by sending her money and I could merely because the petitioner has sent some money some time for the need of the complainant .
It cannot be said that the petitioner has to maintain them without a legal bond between the complainant and the petitioner the court said if complainant is already married it is not understandable as to how the petitioner can be claimed to be her husband the exact words of the court where and I quote the objections of the complainant does not narrate that she has secured a decree of divorce from her first husband . When the said marriage is still subsisting it can hardly be said that the petitioner is her husband and the complainant and her daughter need to be maintained further . The court said that if she’s already married there can be no question of cheating on the breach of the promise of marriage the court also noted that none of the offenses alleged by the complainant can be thought of provocation to cause a breach of peace the court also noted that there is no threatening anonymous communication as alleged by the complainant the court allowed the petition and quashed the criminal proceedings against the petitioner while doing so the court said and quote the complainant appears to be twinning a story to get hold of the petitioner which in the considered view of this chord if permitted would become an abusive process of law and result in the miscarriage of justice.
Written by – Drishti Pandey, College – S.S. Khanna Girls Degree College, University of Allahabad Semester – 4th an intern under legal vidhiya
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