‘Every romantic failure isn’t deceit’: Bombay High Court cancels FIR against doctor

The Bombay High Court has dismissed a First Information Report (FIR) against a 45-year-old doctor accused of deceiving a 49-year-old widowed doctor into a sexual relationship with false promises of marriage. Justice Abhay J Mantri ruled that not every romantic failure can be considered deceit. The court emphasized that criminal proceedings should only be initiated when fraud is proven, not merely due to a failed relationship.

The complainant had alleged that the petitioner maintained a sexual relationship with her from January 2019 to June 2023, claiming he divorced his wife to marry her. However, the court noted that the two had been acquainted since the early 2000s, and the complainant's husband had died in an accident in 2011. After their relationship ended, they had no contact from September 2024 until the FIR was lodged.

The judge observed that the legislature aimed to punish deceit, not disappointment. For the offense under Section 69B of the Indian Penal Code, the prosecution must establish a false promise from its inception; otherwise, the offense is not proven. The court also considered past Supreme Court rulings, stating that personal disputes over failed relationships should not be grounds for criminal proceedings, particularly if the relationship was consensual and voluntary.