The Bombay High Court Justice Sandeep K. Shinde in the case titled Avishek Asit Mitra v. The State of Maharashtra & Ors. dated 16-09-2021 gives their views on can a promise of marriage be broken on the ground of mismatch of Kundali.

Facts of the case:

The complainant alleged that the applicant and the complainant got to know each other in 2012 when they were working in a five-star hotel. It was also alleged that the applicant had indulged in physical relations with the complainant by promising marriage on several occasions. Thereafter, the complainant became pregnant and the applicant asked the complainant to abort the foetus, promising to marry her after 2 years. Whereafter though the complainant was unwell, the applicant forced himself on her in December, 2012 and thereafter started avoiding and neglecting her. The complainant lodged a police complaint. During the counselling session applicant told the police that he would marry the complainant. Within 15 days applicant turned the table round and informed Counseller his, disinclination to marry the complainant. The complainant renewed her complaint and crime under sections 376 and 420 of the Indian Penal Code, 1860 came to be registered against the applicant and others. Applicant’s application for discharge under Section 227 of the Code of Criminal Procedure, 1973 did not find favour with the Additional Sessions Judge. Hence, this revision under Section 397 read with Section 401 of the Cr.P.C.

Submissions of the Applicant:

The Applicant has submitted that since horoscopes of the applicant and the complainant did not match and being the case of astrological incompatibility, relations could not be furthered. The Applicant further submitted that it is a case of breach of promise and not a false promise of marriage. Further submitted that this being the case of breach of promise to marry, no ingredients of Section 376 of the IPC are borne out from evidence and, therefore, there is no sufficient ground for proceeding against the applicant.

High Court’s observation & Judgment:                                    

The High Court has held that the applicant in the guise of astrological incompatibility of the horoscopes, avoided the promise. it is case of false promise to marry which apparently vitiates the complainant’s consent.

The Court thus observed:

“It is settled law that while considering the question of framing of the charges under Section 227, the Court has power to sift and weigh the evidence for the limited purpose for finding out whether or not prima-facie case against the accused has been made out. The facts emerging from the material/documents on record taken at their face value, disclose the existence of all ingredients constituting alleged offence under Section 376 of the IPC. For these reasons application deserves no consideration. It is rejected.”

Read Judgement Here:

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