A long-term consensual relationship that fails to culminate in marriage does not automatically constitute a criminal offence. Criminal prosecution for such acts is only maintainable if it is established that the consent was vitiated by a false promise of marriage made in bad faith from the very beginning.

THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO ALLOW THE PETITION AND TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN C.C.NO.55299/2026 (CRIME NO.0554/2025 OF MARATHAHALLI POLICE STATION) REGISTERED FOR THE OFFENCE P/US/ 69 OF BNS, PENDING ON THE FILE OF THE XXIX ADDL. C.J.M COURT, MAYO HALL, BENGALURU CITY, IN THE INTEREST OF JUSTICE.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court calling in question the proceedings in C.C.No.55299/2026 registered for offence punishable under section 69 of the Bharatiya Nyaya Sanhita.

2. Heard Sri.Nishit Kumar Shetty, learned counsel appearing for the petitioner, Sri.Anoop Kumar, learned HCGP appearing for respondent No.1, Smt.Shwetha Nayak N, learned counsel appearing for respondent No.2 and have perused the material on record.

3. The petitioner is accused No.1, respondent No.2-the complainant. Both were college mates and for the last 4 to 5 years, they were into a relationship, relationship was physical as well. Alleging that the petitioner-accused has had such physical relationship with the complainant on the pretext of promise of marriage and the said promise having been breached, the complaint comes to be registered. The police after investigation have filed a charge sheet for the aforesaid offence of section 69 of the BNS.

4. Learned counsel Sri.Nishit Kumar Shetty appearing for the petitioner would contend that all the acts between the two are consensual. The two have decided to live together but not by marrying but rendering the date of marriage three years later as the two are wanting to travel for their avocation beyond the shores of this nation. He would submit even otherwise, the summary of the charge sheet would not indicate that the offence alleged would meet the ingredients of section 69 of the BNS.

5. Learned counsel appearing for the respondent-complainant would vehemently accept the submission of the learned counsel for the petitioner contending that the intention of both to get married at a later point in time but would not continue with the avocation. The entire issue is triggered from the complaint. The complaint reads as follows:

"To, Date:23.09.2025

The Station House Office, Abhishek Acharya

Marathahalli Police station, 8139980979

Bengaluru 560037 9632169277

7829726797

Sub; -Complaint against Abhishek Acharya for cheating emotional and physical exploitation under fake promise of marriage.

I Maha, residing at Marathhalli, Munnekolal filing this complaint against Abhishek Acharya.

I have been in relationship with him for the past 1 and half years. From the beginning he approached in the name of love. I have known him since my college days.

(Since June 2024, we were in physical relationship)

Around June 2024 he made a first move and approached me he was so into me and was telling we will settle in different country and get a better job.

He assured me that he would marry me once he gets a stable job and settle in life believing his promise and words, I trusted him completely he used to visit my place regularly we had a physical relationship sole by assurance that he would marry me.

All this while I was never aware that he was already in relationship with other women and already engaged in march 2025 and is now planning to marry her in November 2025. I Discovered this fact only recently which show from very beginning, he had no intention of marrying me and deliberately misled with false promises to exploit me