To attract an offence under Section 69 of the BNS, there must be a deceitful intention to not marry from the inception, which may be rebutted by evidence of a formal engagement and mutual agreement to terminate the relationship.

P.C. :

1. This is a petition for quashing of the proceedings arising out of C.R. No. 670 of 2024 dated 23.12.2024 registered with Vimantal Police Station, Pune under Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

2. The F.I.R. is lodged by the Respondent No. 2. She has stated that she had entered her name in a matrimonial website. The Petitioner and the informant came in contact through that website in April 2023. Initially, she had blocked the Petitioner, but in November 2023, the Petitioner sent a WhatsApp message. They discussed the issues and the informant decided to marry him. The F.I.R. thereafter goes on to mention that on 13.12.2023 to 19.12.2023, they had their physical relations. On 26.12.2024, their families met, and their marriage was fixed. In the meantime, on 12.01.2024 she realized that she was pregnant. It is her case that she underwent the procedure for Medical termination of pregnancy. Subsequently, she came to know that the Petitioner had some relation with another girl. It is her case that in the December 2024, the Petitioner told her that he did not want to marry her. After that she lodged the F.I.R.

3. The learned Counsel for the Petitioner submitted that it was not as if the Petitioner established the physical relations on false promise of marriage; in fact, their engagement ceremony had taken place. The charge-sheet itself contains the photographs of their engagement ceremony which had taken place on 21.01.2024.

4. The learned Counsel for the Petitioner invited our attention to the WhatsApp chat between the Petitioner and the informant and in particular, she relied on the chat at page no. 787 of the petition. The chats were dated 14.02.2024, in which there is clear indication that she had broken the engagement and she had told the Petitioner that she would be returning the money which was given as shagun. Therefore, it was clear understanding between the parties that the marriage was not to take place. This was decided in February 2024 itself. In spite of that the F.I.R. was lodged in December 2024, initially by zero number by Powai Police Station Mumbai on 19.12.2024 which was the day after the Petitioner had got married. She submitted that the background shows that the Petitioner had no intention not to marry her and therefore, offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) is not made out.

5. Considering this submission, it is necessary to hear the Respondent No. 2. Based on the submission made by learned Counsel for the Petitioner, the Petitioner can protected by way of ad interim order till the next date.

6. Hence, the following order :-

ORDER

(i) Issue notice to the Respondent No. 2, returnable on 24.07.2025.

(ii) Till then, the trial Court shall not proceed against the Petitioner.

7. Stand over to 24^th July 2025.