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2026 Supreme(All) 8

HIGH COURT OF JUDICATURE AT ALLAHABAD
AVNISH SAXENA
Jitendra Kumar – Appellant
Versus
State of U.P. – Respondent


Advocates appeared:
For the Applicant(s) : Tripurari Pal
For the Opposite Party(s) : G.A., Sanjay Mishra

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The case involves an application under Section 528 BNSS filed by three accused persons, with allegations related to sexual intercourse on false promise of marriage, criminal intimidation, and related offenses (!) .

  2. The main accused, applicant no. 1, is alleged to have engaged in sexual relations with the victim on the false promise of marriage since 2021, with the relationship allegedly continuing until late 2024. The other applicants, nos. 2 and 3, are accused of criminal intimidation (!) (!) .

  3. The victim, who is a lawyer and resident of Aligarh, has made allegations that the accused applicant no. 1 repeatedly promised to marry her but ultimately refused, and also threatened her and her family. She claims she was forced to undergo an abortion and was threatened with consequences if she pursued legal action (!) (!) .

  4. The accused's counsel argued that the relationship was consensual, based on love and affection, and that the sexual relations were not on false promises but were bona fide, with no intention to deceive. They also pointed out inconsistencies in the victim’s statements and alleged that she demanded money from the accused prior to filing the FIR (!) (!) .

  5. The opposing counsel contended that the accused had given a false promise of marriage since the start of their relationship and that the victim was threatened and coerced, which prevented her from reporting the matter earlier. They emphasized that the case involves allegations under a new penal provision that criminalizes sexual intercourse by deceitful means, including false promises of marriage (!) .

  6. The court examined the evidence and the timeline of events, noting that the victim and accused had a long-standing relationship and mutual promises of marriage. The court observed that the relationship was consensual, and the promise of marriage was bona fide, with no evidence of concealment or deception from the outset (!) (!) .

  7. The court highlighted that prolonged consensual relations over several years, without protest or protest during the period, weaken the criminal allegations based on false promises. It also referenced the importance of the intent behind the promise of marriage and whether it was made in bad faith (!) (!) .

  8. Based on the evidence and legal principles, the court found that there was no sufficient material to establish that the accused committed an offense requiring trial. The court noted that the allegations did not prove a criminal act and that the continued relationship over years with mutual consent diluted the claim of deception (!) .

  9. Consequently, the court allowed the application under Section 528 BNSS and quashed the charge sheet, cognizance order, and entire proceedings against the accused persons, effectively dismissing the case (!) .

Please let me know if you need further analysis or assistance.


JUDGMENT

HON’BLE AVNISH SAXENA, J.

1. Heard, Shri Tripurari Pal, learned counsel for applicants, Shri Sanjay Mishra, learned counsel for opposite party no. 2 and Shri S.K. Rai, learned A.G.A. for the State. Perused the record.

2. The present application under Section 528 B.N.S.S. has been moved by three applicants accused. The main allegation of sexual intercourse on false promise of marriage is leveled against applicant no. 1. The applicant no. 2 is brother of applicant no. 1 and applicant no. 3 is wife of applicant no. 2 and sister-in-law of applicant no. 1. The applicant nos. 2 and 3 have been charge sheeted for the offence of criminal intimidation. The relief sought is to quash the charge sheet dated 30.03.2025, cognizance taking order dated 22.05.2025 passed by learned Additional Chief Judicial Magistrate-1, Aligarh and the entire proceeding of Criminal Case No. 419 of 2025 (State Vs. Jitendra Kumar and others) arising out of Case Crime No. 55/2025, under Sections 69 and 351(2) of B.N.S., Police Station- Gandhi Park, District- Aligarh.

3. Learned counsel for applicants submits that the relationship between applicant no. 1 and victim was of love and affection since their graduation

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