HIGH COURT OF JUDICATURE AT ALLAHABAD
AVNISH SAXENA
Jitendra Kumar – Appellant
Versus
State of U.P. – Respondent
Certainly. Based on the provided legal document, here are the key points:
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 (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) .
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 (!) .
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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
Mahesh Damu Khare Vs. State of Maharashtra and another
Long-term consensual relationships can negate claims of false promise of marriage unless clear evidence of bad faith is presented.
Consent obtained through deceitful promises, particularly regarding marriage, is invalid and subjects the accused to criminal liability under recent legislative provisions.
The court determined that allegations involving false promise of marriage and deceit necessitate a trial, given the complexities of consent in a long-term relationship.
The court emphasized that continuous consensual relationships should not lead to criminal charges of rape unless compelling evidence of deception is established, reflecting the need to distinguish be....
Consent from a minor is legally invalid, and allegations of sexual intercourse under false pretenses warrant legal scrutiny, confirming the applicability of relevant statutory provisions.
Consent to sexual intercourse vitiated if false promise of marriage given in bad faith from inception with direct nexus to the act, distinguishing from mere subsequent breach, warranting refusal to q....
Establishing criminal liability for rape based on a false promise of marriage requires evidence of original intent to deceive; an absence of such intent invalidates claims of rape under IPC.
Prolonged consensual relationships do not constitute rape due to non-fulfillment of marriage promises unless coercion is evident; criminal proceedings are misused if initiated post-breakup.
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