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 between consensual relationships and false promises.

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 on 12.2.2025 at Police Station Kotwali district Basti at 17:10 hour for offence under section 420, 376, 504, 506 and 313 of IPC against the applicant and his brother, mother, father, and sisters, whose names have not been disclosed in the FIR. The allegation in the FIR is such that the victim was serving on contract basis as Data Executive from 2019 at District Hospital, where the victim came in contact with the applicant for the first time. The applicant has proposed the victim for marriage, on which the victim has replied that she will ask from parents. On his assurance, the applicant started visiting the house of the victim. The parents of victim were ready for marriage but the applicant has postponed the marriage after getting a job and submits that he will certainly marry. On 5.10.2020, the applicant was celebrating his birthday and pressurized the victim to come to his room. At about 7 PM, the victim reached there and the applicant has entered into sexual intercourse on the promise that he will marry. The applicant has also taken certain indecent photographs of the victim. The victim has intimated the incident to her parents and the applicant has admitted his fault but assured that he will certainly marry the victim, due to which the victim has not submitted any police report. Thereafter, the victim was consistently subjected to rape on false promise of marriage. In the year 2020, the victim became pregnant twice. The victim was given the pills for abortion. She has also sought advice of a gynecologist and undertook abortion. The applicant then gave assurance that within 4 to 6 months, he will marry, but later on, he kept on extending time. Then, in the month of May 2023, the applicant got service as a junior clerk at Ambedkar Nagar Medical College. But thereafter, his behavior got changed and his parents were trying to get him married somewhere else. On 9.2.2025, at about 5 p.m., the victim with her brother, sister, and brother-in-law went to the house of applicant to meet his parents, on which the sister of applicant has put a lock from outside the house and got away at the park outside their house with lathi-danda in their hands. The family members of the victim were roughed up by the family members of the applicant. The information of this act was given at 112 dial. Later on, parties have entered into a compromise owing to the pressure built up by the applicant and also offered money. But when nothing has happened, the FIR is lodged.

5. In the statement under section 180 BNSS, the victim has stated that she is 30 years of age. The rest of the allegations are the same as she has levelled against the applicant in the FIR. In the statement of 183 BNSS, the victim has stated that she is BMM(Block Mission Manager) and knew the applicant since 20