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SANJAY DWIVEDI
Virendra Verma – Appellant
Versus
State of M. P. – Respondent
ORDER
1. This petition under section 528 of BNSS (482 of Cr.P.C.) has been filed seeking quashing of FIR registered vide Crime No.82/2025 at Police Station Adhartal, District Jabalpur for the offence under section 69 and 351(2) of BNS.
2. On the basis of the written complaint made by the prosecutrix on 29.1.2025 at Police Station Adhartal, District Jabalpur, Crime No.82/2025 was registered against the applicant for the offence under section 69 and 351(2) of BNS. It is alleged in the FIR that the present applicant by giving false assurance of marriage to the prosecutrix developed physical relations with her. The prosecutrix is aged about 32 years and is a widow. Her husband died in an accident in the year 2021 and thereafter the present applicant, being a friend of her deceased husband, used to call her on mobile and used to visit her house. The applicant was helping the prosecutrix in managing various works and as such they became very close and after almost three months of the death of her husband the applicant used to visit the house of the prosecutrix and thereafter he disclosed his intention that he liked her and also proposed her for marriage. The prosecutrix asked him to first
A breach of promise to marry does not constitute rape unless it can be proven that the promise was made with intent to deceive from the outset.
Prolonged consensual relationships cannot retrospectively be deemed deceitful, as invoking criminal law for personal disputes amounts to abuse.
Long-term consensual relationships can negate claims of false promise of marriage unless clear evidence of bad faith is presented.
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