Consent given under the promise of marriage does not implicate criminal liability if the relationship was mutually agreed upon.

Per Ramesh Sinha , Chief Justice

29.05.2025

1. Heard Mr. Sanjeev Kumar Sahu, learned counsel for the petitioner. Also heard Mr. Rahul Tamaskar, learned Government Advocate for respondents/State.

RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN

2. The petitioner has filed this petition with the following prayer:

“ It is therefore most respectfully prayed that this Hon’ble Court may kindly be pleased to:

I. Allow this petition under Section 528 of B.N.S.S. filed by the petitioner.

II. Quash the impugned FIR dated 28.03.2025 bearing Crime No. 93/2025 registered at Police Station, Kurud, District- Dhamtari (C.G.) for the offence U/s 69 of Bharatiya Nyaya Sanhita, 2023 against the petitioner.

III. Quash the Final Report No. 75/2025 filed by Police Station, Kurud, District- Dhamtari before the learned Judicial Magistrate First Class, Kurud, District- Dhamtari against the petitioner.

IV. Quash the entire criminal proceedings pending in Sessions Case No. 24/2025 before the learned Additional Sessions Judge (F.T.C.), District-

Dhamtari against the petitioner.

V. Discharge the petitioner from the charges U/s

69 of Bharatiya Nyaya Sanhita, 2023.

VI. Grant any other relief, which may be deemed fit in given facts and circumstances of the case, in favour of petitioner. ”

3. Brief facts necessary for disposal of this case are that on

28.03.2025, the victim/respondent No.2 lodged written report at Police Station concerned alleging therein that she acquainted with the petitioner since last 8-9 months and they used to talk with each other through mobile. The petitioner given assurance of marriage to the victim and on 09.02.2025 the petitioner visited the house of victim and on the pretext of marriage, he committed sexual intercourse with her in house of the victim and at that time, the parents and brother of the victim were sleeping in separate room. Thereafter, the petitioner has committed sexual intercourse with her on several times. On 14.02.2025 the petitioner took the victim towards Raipur by his motorcycle, where the petitioner has committed sexual intercourse with her in lonely place. Thereafter, the petitioner has refused to perform marriage with the victim.

4. On the basis of said written report, the offence under Section 69 of the BNS has been registered against the petitioner in Crime No. 93/2025 and upon completion of usual investigation, the charge-sheet was submitted before the learned Judicial Magistrate First Class, Kurud, against the petitioner and on 29.03.2025 the petitioner was arrested in connection with the aforesaid crime and subsequently the petitioner applied for grant of regular bail and accordingly the bail application was allowed and the petitioner has been released from jail. Thereafter, the case was committed to the learned Additional Sessions Judge (F.T.C.), Dhamtari, where the Sessions Case No. 24/2025 has been registered against the petitioner. Hence, this petition.

5. Learned counsel for the petitioner submits that the impugned FIR No. 93/2025 dated 28.03.2025 registered at Police Station, Kurud, District-Dhamtari (C.G.) against the petitioner for the offence punishable under Section 69 of B.N.S. is bad in law and liable to be quashed. It is further submitted that if the case of prosecution is taken as it is, then also the offence under Section 69 of the BNS is not made out against the present petitioner. It is further submitted that the impugned prosecution of the petitioner is utter abuse of process of law and there is no criminality attracted against the petitioner. It is also submitted that the FIR has been lodged with an inordinate and un