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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AVNISH SAXENA
Shyam Bahadur Yadav – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. details of the alleged incident of sexual intercourse. (Para 2 , 4 , 5) |
| 2. arguments regarding the nature of the relationship and consent. (Para 6 , 7 , 8) |
| 3. judicial considerations on consent and relationship context. (Para 11 , 18) |
| 4. legal precedents regarding false promise of marriage. (Para 13 , 15) |
| 5. order to quash proceedings. (Para 20 , 21) |
JUDGMENT :
AVNISH SAXENA, J.
1. Heard Sri G.S. Chaturvedi, learned Senior Advocate assisted by Sri Aditya Gupta, learned counsel for the applicant, Sri Prakash Veer Tripathi, learned counsel for opposite party No.2 and Sri Chandra Badan, learned AGA for the State.
2. The present application under Section 528 BNSS is moved by the accused applicant with the prayer to quash the charge sheet dated 9.4.2023, summoning order dated 18.8.2025 and the proceedings of Criminal Case No. 2944 of 2025 ( State of U.P. vs. Shyam Bahadur Yadav ), arose out of Case Crime No.53 of 2025 for offence under Section 376(2)(n) and 420 IPC, Police Station Kotwali, District Basti.
3. For the sake of brevity, the accused-applicant is referred as 'applicant' and opposite party no.2 is referred as 'victim' in this judgment.
4. The victim has lodged the FIR
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 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.
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.
Consent under Section 375 cannot be considered valid if based on a false promise of marriage if the promise was not made with fraudulent intent from the outset. Subsequently, a prolonged consensual r....
Long-term consensual relationships can negate claims of false promise of marriage unless clear evidence of bad faith is presented.
A long-standing consensual relationship does not constitute rape unless there is evidence of coercion or deceit from the outset.
Consent in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
Point of Law : Offence of Rape - Charge sheet quashed - The acknowledged consensual physical relationship between the parties would not constitute an offence under section 376 of the IPC.”
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