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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AVNISH SAXENA
Kuldeep Verma – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
AVNISH SAXENA, J.
1. The present application under Section 528 B.N.S.S. has been moved by the accused-applicant to quash the charge sheet dated 08.08.2025, the cognizance order dated 26.08.2025 passed by the Chief Judicial Magistrate, Aligarh and the proceedings in trial of Case No. 2823/2025 ( State Vs. Kuldeep ) arising out of Case Crime No. 521/2025, Police Station-Quarsi, District-Aligarh for the offences in Bhartiya Nyaya Sanhita 2023 under Sections, 69 (Sexual intercourse by employing deceitful means), 115(2) (Voluntarily causing hurt), 352 (Intentional insult with the intent to provoke breach of peace) and 351(3) (Criminal Intimidation).
2. Heard Shri Mritunjay Dwivedi, learned counsel for applicant, Ms. Akansha Gaur, learned counsel for opposite party no. 2 and Shri Raj Baran, learned A.G.A. for State. Perused the record.
3. The opposite party no. 2 (Victim) has lodged the FIR on 20.06.2025 at 23:56 hours against the accused-applicant with the allegation that the victim is residing in the house of accused-applicant and in relations with the accused-applicant since last 11 years, during this period accused-applicant has entered into sexual intercourse with the victim
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.
Consent obtained through deceitful promises, particularly regarding marriage, is invalid and subjects the accused to criminal liability under recent legislative provisions.
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....
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 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....
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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