This element of falsehood should be apparent to be present from the very inception of their relationship. “To constitute an offence, the women’s consent to the sexual activities in a relationship should have been procured by misrepresentation of fact and falsely promising to marry her. The Court observed that the law is well settled regarding false promise to marry and stated that The Court observed that in case of false promise to marry, right from beginning the accused does not have any intention to marry the prosecutrix but only want to satisfy his lust but in case of breach of promise to marry, one cannot deny a possibility that the accused might have given a promise with all seriousness to marry her and later might have encountered certain circumstances unforeseen or the circumstances beyond his control which prevented him to fulfill his promise. The Court observed that there is a difference between giving a false promise and committing breach of promise by the accused. The petitioner contended that he had no mala-fide intention or mens rea to commit the alleged crime at any point of time and it was the circumstances which led him to withdraw his consent from such relationship. The petitioner contended that he wanted to marry defacto complainant but later found out she was already married therefore, he could not lawfully marry a married lady. 482 CrPC to quash the said criminal proceeding against him. A criminal proceeding, G.R Case No 4671 of 2021 is pending before the Court of Additional Chief Judicial Magistrate, Siliguri under Ss. The defacto complainant lodged a FIR alleging that the offences of rape, cheating, criminal breach of trust and criminal intimidation was committed against her by the petitioner. The defacto-complainant was induced to give consent to such physical relationship under the misconception of fact of her marriage with the petitioner. In the present matter, the petitioner had developed a romantic relationship with the defacto-complainant to the extent of being physically involved with her on the false promise to marry in the near future. quashes the criminal proceeding by making distinction between false promise of marriage and breach of promise to marry. 482 of the Code of Criminal Procedure for quashing a criminal proceeding under Ss. Calcutta High Court | While deciding a petition under S.
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