Long-term consensual relationships can negate claims of false promise of marriage unless clear evidence of bad faith is presented.

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 time, which could not mature into marriage, though the accused applicant no. 1 and victim being adult entered in sexual intercourse with consent. The accused applicant has not hide his identity to maintain relations with the victim. The accused applicant and victim were studying together and there was love affairs between the two. Further submits that the victim has no case of sexual intercourse on false promise of marriage, but the proposal and assurance was bona fide and the relations between two was not due to any deceitful act of accused applicant. The statement of victim recorded under Section 180 and 183 B.N.S.S. is inconsistent. The victim is a lawyer, who knew repercussion of her act and long duration of sexual intercourse between the two adults without playing of deceit is inferred as consensual relation. Further submits that the victim has demanded Rs. 10 lakhs from the applicant prior to lodging of the F.I.R. and in the event of not handing over the amount a false and frivolous F.I.R. at a belated stage is lodged. Learned counsel has relied on the case of Mahesh Damu Khare Vs. State of Maharashtra and another reported in (2024) 11 SCC 398 ; Pramod Suryabhan Pawar Vs. State of Maharashtra reported in (2019) 9 SCC 608 ; Prashant Vs. State of NCT of Delhi reported in (2025) 5 SCC 764 .

4. Learned A.G.A. and learned counsel for opposite party no. 2 have submitted that the case in hand is of sexual intercourse on false promise of marriage, where the accused applicant no. 1 since the year 2021 had continuously entered into sexual intercourse on false promise of marriage. The victim in her statement under Sections 180 & 183 B.N.S.S. has made specific allegation against the accused applicant no. 1, which has been corroborated by other witnesses, who were residing in the same vicinity where the victim resides. Further submits that the false promise of marriage was given by the applicant no. 1 since the start of their affairs and in the garb of false promise of marriage he has pursued the victim to enter into sexual intercourse and lastly he has refused to enter into marriage. Further submits that the applicant no. 1 is in police and in the garb of his uniform he has continuously threatened the victim. The threatening has also been extended by applicant nos. 2 and 3. As such, the victim could not muster