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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AVNISH SAXENA
Vipin Kumar – Appellant
Versus
State of U.P. – Respondent
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 applica
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.
Long-term consensual relationships can negate claims of false promise of marriage unless clear evidence of bad faith is presented.
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 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....
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 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 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....
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