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.

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 on making false promise of marriage. He also violently hurt her by kicks and fist while entering into sexual intercourse. He also threatened the victim not to open her mouth otherwise he would defame her. The accused-applicant kept the victim as his wife. On 27.05.2025 at about 9:00 p.m., the accused-applicant has beaten the victim due to which she suffered knee injury. She has given a written information at the police station concerned on which the accused-applicant has entered into a written compromise and ready to keep the victim with him but after leaving the police station, he again stated not to keep her with him as she is suffering from ‘Rasauli’ (Uterine Fibroids) and further threatened to implicate her and her family members in false cases and hurl abuses.

4. With the above allegations the F.I.R. has been registered for the offences under Sections 69, 115(2), 352 and 351(3) of B.N.S.

5. In the statement recorded under Section 180 B.N.S.S., the victim has stated that she is 39 years of age. Since 2014-15 the victim is in relations with the accused-applicant. Many a times the accused-applicant has promised her to marry and entered into sexual intercourse, but whenever she asked to talk to the family, he ignores the talk of marriage on the pretext of ill health of his parents and marriage of his sister. She became mentally disturbed and while she was suffering with ‘Rasauli’ the accused-applicant refused to get her treated in hospital. She has reiterated the incident of 27.05.2025 and the threatening.

6. In her statement under Section 183 B.N.S.S., she has stated that for the first time she was raped by the accused-applicant after she was administered with sedative cold drink, thereafter entered in sexual intercourse on false promise of marriage. She did her Ph.D. while residing alongwith applicant in his house. In the year 2017-18 she has married the applicant at a temple where he put vermilion on her head. Two years back, he has also got her signature on the certificate of marriage of Aarya Samaj Mandir. Further stated that Rs. 15 lakh has been given by her mother to the accused-applicant and has again asked for Rs. 10 lakh. Further stated that once accused-applicant taken the victim to Bateshwar, but while returning he has left her alone on the road. On 18.06.2025, he has filed frivolous case, although on 17.06.2025 they underwent compromise.

7. On these allegations and material the charge sheet is submitted