Consent obtained through deceitful promises, particularly regarding marriage, is invalid and subjects the accused to criminal liability under recent legislative provisions.

JUDGMENT :

AVNISH SAXENA, J.

1. Heard, Shri Syed Safdar Ali Kazmi, learned counsel for the accused-applicant; Shri Sheshadri Trivedi, learned counsel for the opposite party no. 2 and Ms. Seema Shukla, learned A.G.A. for State.

2. The present application under Section 528 BNSS has been moved by four accused-applicants with a prayer to quash the charge sheet dated 22.07.2025, the summoning order dated 26.08.2025 and the proceeding of Case No. 554 of 2025 ( State Vs. Vipin Kumar and others ) before the court of Additional Chief Judicial Magistrate, Deoband, Saharanpur arose out of Case Crime No. 312 of 2025, under Sections 69, 115(2), 352, 351(3) of BNS. The main allegations of sexual intercourse on false promise of marriage is leveled against the accused applicant no. 1, the other accused who are wife, sister and brother-in-law of applicant no. 1 have been charge sheeted for the offence of voluntary causing hurt, intentional insult and aggravated criminal intimidation along with applicant no. 1

3. The FIR is lodged by opposite party no. 2 on 22.05.2025 against the above four accused applicants with the allegation that the victim (opposite party no. 2) came in contact with accused applicant no. 1 through facebook and since May 2018 was continuously entering into sexual intercourse on false promise of marriage. Four times the victim became pregnant and all the time she was aborted, she was again pregnant for the fifth time. Whenever she asked for marriage, the applicant no. 1 managed to escape the reply. Hearing the pregnancy of the victim, the accused applicant no. 1 has started putting pressure on her to abort the child but she refused. The accused applicant has refused to marry her and threatens her to kill, voluntary hurt and hurl abuses. The first applicant’s wife, sister and brother-in-law, then started threatening to kill her, offered her money and pressurised her family for compromise on a heavy amount. It is further revealed from the FIR that applicant no. 1 is also having her indecent photographs and videos and he used to blackmail her. On 24.12.2024, the applicant no. 1 has called the victim in a hotel and entered into sexual intercourse, on which she became pregnant fifth time. It is also disclosed that the accused applicant no. 1 did the same act with other girls. On 11.05.2025 the applicant no. 1 has taken the victim to a Doctor for abortion.

4. The victim in her statement under Section 180 BNSS has reiterated the same incident as narrated in the FIR. She further stated that she is 26 years of age, did her graduation (Bachelor of Arts), the course of GNM (General Nursing and Midwifery) and was six months pregnant at the time of recording her statement.

5. The victim thereafter gave her statement under Section 183 BNSS wherein she has again reiterated the averments made in the FIR and further stated that the applicant no. 1 and she were friends through facebook, she was called by applicant no. 1, after 56 months of their friendship in a hotel at Saharanpur, where the accused applicant no. 1 has entered into sexual intercourse against her consent by alluring that they belong to the same caste, knew each other for quite sometime and assured her that he will not do any wrong to her. The victim was not having any idea when the accused applicant no. 1 had shot her video and photos while entering into sexual intercourse and therefore started blackmailing her for subsequent sex and abortion. He has also sent video to her mobile phone. Only sometime back she came to know that the applicant no. 1 is married having two children. When his wife had called her for entering into compromise, then she came to