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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AVNISH SAXENA
Ajay Saini – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
AVNISH SAXENA, J.
1. Heard, Shri Vinod Singh, learned counsel for the accused-applicant; Shri Surendra Nath Tripathi, learned counsel for the opposite party no. 2; and Shri Anuj Kumar, learned A.G.A. for State.
2. The present application under Section 528 BNSS has been moved by accused-applicant with a prayer to quash the Charge Sheet No. 213 of 2024 dated 25.12.2024, cognizance taking order dated 23.01.2025 and the proceedings of Case No. 82 of 2025 (State Vs. Ajay Saini and others), Case Crime No. 221 of 2024 for offence under Sections 376, 328, 504, 506, 323 IPC, P.S.- Kotwali, District- Rampur, pending in the court of Additional Chief Judicial Magistrate-1, Rampur.
3. The accused applicant is the main accused in the FIR lodged by opposite party no. 2, the victim on 03.12.2024 at 17:51 hours, P.S.- Kotwali, Rampur against three accused namely Ajay Saini (applicant), his father Charan Saini and brother Ravi Saini. It is alleged in the FIR that the victim after completing her GNM (General Nursing and Midwifery) course from Neelavedi College, Shahzad Nagar in the year 2019, was in search of a job. It during this period that she came in contact with the accused applicant, who
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.
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....
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.
The court quashed the charge sheet due to lack of corroborative evidence and substantial credibility concerns surrounding the victim's testimony, questioning the validity of consent obtained under co....
Consent obtained through deceitful promises, particularly regarding marriage, is invalid and subjects the accused to criminal liability under recent legislative provisions.
A long-standing consensual relationship does not constitute rape unless there is evidence of coercion or deceit from the outset.
Long-term consensual relationships can negate claims of false promise of marriage unless clear evidence of bad faith is presented.
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....
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