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.

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 was a running Pradhanmantri Jan Aushadhi Medical Store at Rajdware, the accused has allured the victim for a job in private hospital situated at Moradabad and taking her to Moradabad where the victim was taken to hotel room and given a cold drink with stupefied substance. The victim became unconscious and the accused applicant has committed rape on her. On regaining consciousness she has opposed the act of accused, on which the accused has assured her of marriage. For continuously four years the accused applicant has committed rape of victim on false promise of marriage. Some days prior to the lodging of the FIR, the victim came to know that the accused has engaged somewhere else. Victim has intimated the act of accused to her family members. The family members of victim went to meet the family members of accused at their residence, where Charan Saini, the father of the accused and Ravi Saini, the brother of accused hurled abuses and threatened to kill them and forced them out from their residence. The investigation has been carried out. The statement of victim is recorded under Sections 180 BNSS and 164 CrPC (as mentioned). After getting sufficient material the Investigating Officer has submitted charge sheet against the accused applicant for offence under Sections 376, 323, 504, 506, 328 IPC, whereas the other two accused were charge sheeted for offence under Sections 323, 504, 506 IPC.

4. It is the contention of learned counsel for accused applicant that a false and frivolous case has been lodged by the victim for rape on false promise of marriage. There is a delay of four years in lodging the FIR. The substance of FIR is broken relations. The FIR is lodged only when the victim came to know that accused applicant is going to marry somewhere else. There is no date, time and place of incident where the alleged rape was committed for the first time. The version of victim kept on changing in her averment made in FIR and in her statements given to the Investigating Officer under Section 180 BNSS and to the Magistrate while recording the statement under Section 164 CrPC. The Investigating Officer has not taken into consideration that the entire statement is bereft of particulars. In the FIR the victim has stated that she was taken to a hotel room whereas in her statement under Section 180 BNSS she stated that she has take