# Kuldeep Verma v. State of U.P. & Anr

- **Citation:** (2026) 1 ILRA 325
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2026-01-13
- **Case number:** Application U/S 528 BNSS No. 35779 of 2025
- **Bench:** Avnish Saxena
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/kuldeep-verma-v-state-of-u-p-anr-53995
- **Pages:** 8

## Text

1 All. Kuldeep Verma Vs. State of U.P. & Anr.
325
Police Station - Saidpur, District- Ghazipur, pending in the Court of Special Judge SC/ST Act,
Ghazipur, are hereby quashed.

15. It is clarified that the proceeding with respect to the other sections related to Indian Penal
Code, if otherwise made out, may continue in accordance with law.
---------
(2026) 1 ILRA 325
ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 13.01.2026

BEFORE

THE HON'BLE AVNISH SAXENA, J.

Application U/S 528 BNSS No. 35779 of 2025

Kuldeep Verma ...Applicant
Versus
State of U.P. & Anr. ...Opposite Parties

Issue for Consideration
Matter pertains to "whether prima facie the allegations levelled by the victim on the applicant accused is
sufficient to proceed with the trial or continuance of the trial would amount to gross abuse of process of law?"
(Para-11)

Headnotes
Bhartiya Nyaya Sanhita, 2023 - S 69 - Sexual intercourse by employing deceitful means - False
promise of marriage - Prima facie case - Allegation that accused "continuously entered in sexual
intercourse with the opposite party no. 2 on false promise of marriage, since last 11 years" -
Accused admittedly already married - Marriage certificate dated 24.04.2025 annexed - FIR dated
20.06.2025 - Whether continuation of proceedings amounts to abuse of process - Held, No -
Matter requires trial.
Bhartiya Nyaya Sanhita, 2023 - S 528 - Quashing of charge sheet - Scope of interference at pretrial stage - Where allegations and material disclose prima facie offence - Court would not
embark upon appreciation of evidence - Application dismissed.
Bhartiya Nyaya Sanhita, 2023 - Ss 63, 64(2)(f), 69 - Deceitful means - Position of trust - Teacher
- Accused a teacher where victim pursued B.Ed. - Prima facie knowledge of subsisting marriage -
Distinction between 'false promise' and 'breach of promise' noted.
Held: The facts alleged in the F.I.R. and the material available on record on the face of it reveals the prima
facie facts that the victim is residing in the house of accused-applicant and was in relationship with the
accused-applicant since last 11 years - S 69 of Bhartiya Nyaya Sanhita, 2023 provides that 'Whoever, by
deceitful means or by making promise to marry a woman without any intention of fulfilling the same, has
sexual intercourse with her... shall be punished - It is an admitted fact that the accused-applicant was already
married when he came in contact with opposite party no. 2 - In the present case, the applicant accused prima
facie knew from the beginning that he could not marry the opposite party no. 2, as he was already married -
On the basis of prima facie facts, this Court does not find sufficient ground to quash the charge sheet and the
proceedings. Hence, the application moved under S 528 B.N.S.S. is devoid of merits and liable to be dismissed
- The application under S 528 B.N.S.S. is dismissed. (Paras-12, 15-22)

Case Law Cited
326 INDIAN LAW REPORTS ALLAHABAD SERIES
Biswajyoti Chatterjee Vs. State of West Bengal and another, SLP (Criminal) No. 4261/2024; Uday Vs
State of Karnataka (referred in Biswajyoti Chatterjee); Km. Neha Anuragi Vs. State of U.P. and another,
Criminal Revision No. 8743/2025; Pramod Suryabhan Pawar Vs. State of Maharashtra, (2019) 9 SCC
608.

List of Acts
Bhartiya Nyaya Sanhita, 2023; Bhartiya Nagarik Suraksha Sanhita; Bhartiya Sakshya Adhiniyam, 2023; Indian
Penal Code (referred)

List of Keywords
Charge sheet; cognizance order; sexual intercourse by employing deceitful means; false promise of marriage;
consensual relationship; prima facie facts; marriage certificate; teacher; position of trust; quash; abuse of
process of law.

Case Arising From
Application under S 528 B.N.S.S. seeking to quash "the charge sheet dated 08.08.2025, the cognizance order
dated 26.08.2025 passed by the Chief Judicial Magistrate, Aligarh and the proceedings in trial of Case No.
2823/2025 (State Vs Kuldeep) arising out of Case Crime No. 521/2025, Police Station- Quarsi, District- Aligarh.

Appearances for Parties
Advs. for the Appellant:
Shri Mritunjay Dwivedi.
Advs. for the Respondents:
Ms. Akansha Gaur (for opposite party no. 2);
Shri Raj Baran, learned A.G.A. for State.

(Delivered by Hon'ble Avnish Saxena, J.)

1. The present application under Section 528 B.N.S.S. has been moved by the accusedapplicant to quash the charge sheet dated 08.08.2025, the cognizance order dated 26.08.2025
passed by the Chief Judicial Magistrate, Aligarh and the proceedings in trial of Case No. 2823/2025
(State Vs Kuldeep) arising out of Case Crime No. 521/2025, Police Station- Quarsi, District-
Aligarh for the offences in Bhartiya Nyaya Sanhita 2023 under Sections, 69 (Sexual intercourse by
employing deceitful means), 115(2) (Voluntarily causing hurt), 352 (Intentional insult with the
intent to provoke breach of peace) and 351(3) (Criminal Intimidation).

2. Heard Shri Mritunjay Dwivedi, learned counsel for applicant, Ms. Akansha Gaur, learned
counsel for opposite party no. 2 and Shri Raj Baran, learned A.G.A. for State. Perused the record.

3. The opposite party no. 2 (Victim) has lodged the FIR on 20.06.2025 at 23:56 hours against
the accused-applicant with the allegation that the victim is residing in the house of accusedapplicant and in relations with the accused-applicant since last 11 years, during this period accusedapplicant has entered into sexual intercourse with the victim on making false promise of marriage.
He also violently hurt her by kicks and fist while entering into sexual intercourse. He also
threatened the victim not to open her mouth otherwise he would defame her. The accused-applicant
kept the victim as his wife. On 27.05.2025 at about 9:00 p.m., the accused-applicant has beaten the
victim due to which she suffered knee injury. She has given a written information at the police
station concerned on which the accused-applicant has entered into a written compromise and ready
to keep the victim with him but after leaving the police station, he again stated not to keep her with
1 All. Kuldeep Verma Vs. State of U.P. & Anr.
327
him as she is suffering from 'Rasauli' (Uterine Fibroids) and further threatened to implicate her and
her family members in false cases and hurl abuses.

4. With the above allegations the F.I.R. has been registered for the offences under Sections 69,
115(2), 352 and 351(3) of B.N.S.

5. In the statement recorded under Section 180 B.N.S.S., the victim has stated that she is 39
years of age. Since 2014-15 the victim is in relations with the accused-applicant. Many a times the
accused-applicant has promised her to marry and entered into sexual intercourse, but whenever she
asked to talk to the family, he ignores the talk of marriage on the pretext of ill health of his parents
and marriage of his sister. She became mentally disturbed and while she was suffering with
'Rasauli' the accused-applicant refused to get her treated in hospital. She has reiterated the incident
of 27.05.2025 and the threatening.

6. In her statement under Section 183 B.N.S.S., she has stated that for the first time she was
raped by the accused-applicant after she was administered with sedative cold drink, thereafter
entered in sexual intercourse on false promise of marriage. She did her Ph.D. while residing
alongwith applicant in his house. In the year 2017-18 she has married the applicant at a temple
where he put vermilion on her head. Two years back, he has also got her signature on the certificate
of marriage of Aarya Samaj Mandir. Further stated that Rs. 15 lakh has been given by her mother
to the accused-applicant and has again asked for Rs. 10 lakh. Further stated that once accusedapplicant taken the victim to Bateshwar, but while returning he has left her alone on the road. On
18.06.2025, he has filed frivolous case, although on 17.06.2025 they underwent compromise.

7. On these allegations and material the charge sheet is submitted against the accusedapplicant.

8. The learned counsel for accused-applicant submits that the relations between the accusedapplicant and opposite party no. 2/Victim is consensual in nature as is reflected from the allegation
levelled, which continued since the year 2014. The place of incident is alleged to be the house of
applicant where according to the victim she is living as wife of the applicant and already married to
the applicant. Further submits that the allegation of sexual intercourse on false promise of marriage
cannot be sustained or prima facie made out because according to the victim she was already
married to the applicant at Aarya Samaj Mandir. On the point of accepting the amount of Rs. 15
lakh the learned counsel submits that there is no basis for the said allegation. Hence the allegation
is baseless. Further submits that the only injury shown by the victim is knee injury for which she
has been referred to Orthopedic for management of knee injury and except the knee injury there is
no other injury found, which could be attributed on accused-applicant that the injury has been
inflicted by the accused-applicant. Learned counsel further submits that on 29.08.2018, the victim
has moved a complaint and the victim herself has given the statement to the police that she came to
know that the accused-applicant is already married, hence, withdrew the complaint. The report of
Deputy Superintendent of Police, District- Aligarh is dated 25.09.2018 addressed to Senior
Superintendent of Police, District- Aligarh, wherein the enquiry report is submitted that the victim
herself withdrew the complaint alleging therein that she does not want to continue with the case, as
she is studying. This report is part of the application (Page-79). It is further submitted that on
328 INDIAN LAW REPORTS ALLAHABAD SERIES
18.06.2025 the accused-applicant has moved an application under Section 173(4) B.N.S.S. at the
court of Judicial Magistrate-1, Aligarh which is registered as Application No. 75/11/2025 (Kuldeep
Verma Vs. Pooja Rani and four others), wherein it is stated that the victim is continuously
harassing the accused-applicant and his family since the year 2014, when the victim took admission
in the college for doing B.Ed. Course at Khair Kanya Mahavidyalaya where the accused-applicant
was a private Lecturer. The victim has met the wife of accused applicant and requested his wife to
allow him to help her in studies. It is on the insistence of his wife that the accused-applicant has
permitted the victim to seek his help in studies but gradually the opposite party no. 2/Victim inconnivance with her family members started blackmailing the applicant and demanded money,
which led to the moving of the application. It is thereafter that the present F.I.R. has been lodged by
opposite party no. 2 on 20.06.2025. The learned counsel submits that accused-applicant has been
falsely implicated in the case. He relied on the judgment in Biswajyoti Chatterjee Vs. State of
West Bengal and another decided by Hon'ble the Supreme Court by order dated 07.04.2025 in
SLP (Criminal) No. 4261/2024 (Paragraph-17) and further relied upon the order dated 08.09.2025
passed the by a co-ordinate Bench of this Court in Criminal Revision No. 8743/2025 (Km. Neha
Anuragi Vs. State of U.P. and another) (Paragraph-7). The relevant paragraphs of each citation
are quoted underneath:-

In Biswajyoti Chatterjee (supra):-

"17. In the case of Uday Vs State of Karnataka, the Court had acquitted the accused on
the basis that she was a mature college student who had consented to sexual intercourse with the
accused of her own free will. It is unlikely that her consent was not based on any misconception of
fact. In Uday (supra), the Court noted that:

"21.It therefore appears that the consensus of judicial opinion is in favour of the view
that the consent given by the prosecutrix to sexual intercourse with a person with whom she is
deeply in love on a promise that he would marry her on a later date, cannot be said to be given
under a misconception of fact. A false promise is not a fact within the meaning of the Code. We
are inclined to agree with this view, but we must add that there is no straitjacket formula for
determining whether consent given by the prosecutrix to sexual intercourse is voluntary, or
whether it is given under a misconception of fact. In the ultimate analysis, the tests laid down by
the courts provide at best guidance to the judicial mind while considering a question of consent,
but the court must, in each case, consider the evidence before it and the surrounding
circumstances, before reaching a conclusion, because each case has its own peculiar facts which
may have a bearing on the question whether the consent was voluntary, or was given under a
misconception of fact. It must also weigh the evidence keeping in view the fact that the burden is
on the prosecution to prove each and every ingredient of the offence, absence of consent being one
of them."

In Km. Neha Anuragi (supra) :-

7. After hearing the submissions of learned counsel for the parties and on perusal of
record, it is not in dispute that the applicant and opposite party No.2 were in relationship for four
years and this fact was known to all employees as well as officials of Tehsil. Subsequently, on
1 All. Kuldeep Verma Vs. State of U.P. & Anr.
329
refusal by opposite party No.2 to get married to the applicant, the applicant made a complaint to
the Sub Divisional Magistrate as well as to police. However, during enquiry by the Sub Divisional
Magistrate and also by the police officers on the complaint made by the applicant, both the parties
settled their dispute and applicant decided not to pursue the case. However, the report of Tehsildar
dated 8.1.2024 also shows that there was consensual relationship between the parties and
applicant herself requested to withdraw her complaint against opposite party No.2. Though there is
allegation that initially physical relationship was made by opposite party No.2 with the applicant
by playing trick and subsequently, he assured the applicant for marriage, it is also not in dispute
that the applicant remained in relationship with opposite party No.2 for a considerably long time.
This fact shows that it was a case of consensual relationship between the applicant and opposite
party No.2 and thereafter their relationship fell apart due to refusal of opposite party No.2 to get
married to the applicant."

9. Per contra, learned counsel for opposite party no. 2 and learned A.G.A. have submitted
that the accused-applicant continuously entered in sexual intercourse with the opposite party no. 2
on false promise of marriage, since last 11 years. It is subsequent to the act of the accused that the
opposite party no. 2 came to know that the accused-applicant is already married. This shows that
the promise of marriage with the opposite party no. 2 was false from the very beginning. Further
submits that the victim was initially not aware about the marital status of the applicant and that the
applicant has three children, it is only after lodging the F.I.R. that the victim came to know about
the fact of marriage. Further submits that applicant and victim were married at Aarya Samaj
Mandir on 24.04.2025 and later on, they both resided together as husband-wife. The victim, time
and again, asked for ceremonial and formal marriage but the applicant refused. Further submits that
there is no compromise between the parties ever entered and the police report dated 25.09.2018 is
false. Further submits that the victim suffered injuries at the hand of the accused-applicant. There is
marriage between the two which has been solemnized on 24.04.2025. The opposite party no. 2 has
filed marriage certificate along with counter affidavit. Further submits that in the thesis submitted
by the accused-applicant the name of victim is mentioned as his better half, which is filed along
with supplementary counter affidavit. Hence, submits that the application moved by the applicant is
devoid of merits and liable to be dismissed.

10. This Court has taken into consideration the rival submissions made by the parties and
perused the record.

11. Point of concern in the present application is whether prima facie the allegations
levelled by the victim on the applicant accused is sufficient to proceed with the trial or
continuance of the trial would amount to gross abuse of process of law?

12. The facts alleged in the F.I.R. and the material available on record on the face of it reveals
the prima facie facts that the victim is residing in the house of accused-applicant and was in
relationship with the accused-applicant since last 11 years. The sexual intercourse for the first time
was the result of unconsciousness of victim and subsequently, on false promise of marriage. It is
further revealed that at one point of time the accused-applicant and victim resided as husband-wife
in the same house, at Aligarh. The statement of victim recorded under Section 183 B.N.S.S. also
reveals the same facts and it is the contention of the victim that she came to know about marriage
330 INDIAN LAW REPORTS ALLAHABAD SERIES
of applicant only after lodging of the F.I.R. The intra departmental report which has been given by
Deputy S.P.-Aligarh to Senior Superintendent of Police, Aligarh on 25.09.2018 shows the
statement of opposite party no. 2, wherein she is admittedly aware about the marriage of applicant
and therefore, she has entered into compromise. The same is however denied and not the part of
case diary, but relied on by the applicant. This report is reiterated underneath:

"िॉच आख्याः- उक्त संदसभत प्रकरण की िॉय व दौरान आवेददका कु० पूिा रानी पुत्री श्री मुकेश
कुमार र्नवासी गूलर रोि थाना देहली गेट िनपद अलीगढ़ ने अपने बयानो ने बताया क्रक वह करीब 3-4 वषत
पूवत कस्ट्बा िैर के िैर कन्या महापवर्ालय में बी.एि की सशिा प्राप्त कर रही थी तो उस समय श्री कुलदीप
वमात पुत्र नेत्रपाल वमात र्नवासी मौ० नई बस्ट्ती थाना िैर भी उक्त पवर्ालय मे सशिण का कायत कर रहे थे।
इसी दौरान उसके एवं कुलदीप वमात के बीच स्ट्लेबस को लेकर िानकारी हेतु आपस मे िान पहचान हो गई
और स्ट्लेबस के सम्बन्र् में एक दूसरे की फोन पर वातात होती रही, आवेददका अपववादहत है जिस कारण
आवेददका एवं कुलदीप वमात के बीच आपस में शादी को लेंकर नज़दीक्रकया बढ़ना आवेददका ने अपने बयानो मे
बताया परन्तु िब आवेददका को कुलदीप वमात के शादी शुदा होने एवं अपने आप को सशिारत होना बताते हुए
सशिा मे क्रकसी प्रकार का व्यवर्ान उत्पन्न ना हो इस कारण अपने द्वारा ददये गये उक्त प्राथतना पत्र पर
कुलदीप वमात के पवरुद्र् कोई कायतवाही ना क्रकये िाने के सम्बन्र् मे िाुँच के दौचन सलणित बयान ददये।
िैसा क्रक आवेददका के बयानो से स्ट्वतः स्ट्पष्ट है । आवेददका अपने द्वारा ददये गये उक्त प्राथतना पत्र पर अब
कोई कानूनी कायतवाही नही चाहती है । इस तरह आवेददका कु० पूिा रानी उपरोक्त के उक्त्त प्राथतना पत्र पर
अन्य क्रकसी पुसलस कायतवाही की आवश्यकता प्रतीत नहीं होती है।"

13. In the statement under Section 183 B.N.S.S. the victim has specifically stated about the
marriage solemnized with the accused-applicant in the year 2018 and has also annexed the
certificate of marriage.

14. Thus, these facts alleged is required to be taken into consideration on the face of it, weigh
on the touchstone of legal prepositions.

15. Section 69 of Bhartiya Nyaya Sanhita, 2023 provides that

"Whoever, by deceitful means or by making promise to marry a woman without any
intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not
amounting to the offence of rape, shall be punished with imprisonment of either description for a
term which may extend to ten years and shall also be liable to fine."

16. The provision contained in Section 69 of B.N.S. is a new induction in penal law, wherein
sexual intercourse with a woman, by deceitful means including false promise of marriage is not
'Rape', but is made punishable. Prior to the enactment the courts interpret the conduct of parties in
view of the provisions of Section 375 I.P.C. (Rape) coupled with the provision of Section 90 I.P.C
(Consent known to be given under fear or misconception). The explanation provided under Section
1 All. Kuldeep Verma Vs. State of U.P. & Anr.
331
69 B.N.S. of 'Deceitful means' "shall include the false promise of employment or promotion,
inducement, or marrying after suppressing identity."

17. It is an admitted fact that the accused-applicant was already married when he came in
contact with opposite party no. 2. It is also an admitted fact that the accused-applicant is a teacher
in the college, where the opposite party no. 2 is pursuing her B.Ed. Course. Moreover, the opposite
party no. 2 has filed a certificate of marriage solemnized between the accused applicant and
opposite party no. 2 to show the intensity in their relation and states that she was not aware about
the marriage of applicant, which came to her knowledge after lodging the F.I.R. It is worth
mentioning that in the marriage certificate the date of solemnization of marriage was 24.04.2025
and the F.I.R. has been lodged on 20.06.2025. The opposite party no. 2 in her counter affidavit has
annexed the marriage certificate of Arya Samaj Mandir, Agra as Annexure CA-2. The relevant
paragraph of counter affidavit is reiterated underneath:

"That the contents of paragraph no. 9 & 10 of affidavit to the extent of record, call for no
comments. However it is submitted that the opposite party no. 2 was not aware of the marital status of t he
applicant so also the fact that he had three children and the said fact came to the knowledge of the opposite
party no. 2 only after lodging the present FIR. The fact of marriage was not within the knowledge of the
opposite party no. 2 and therefore she agreed to marry the applicant in Arya Samaj Mandir on 24.04.2025
and later on they both were residing together as husband and wife in the house of the applicant. The opposite
party no. 2 was time and again requesting the applicant to do a ceremonial/format marriage with the
opposite party no. 2, however the applicant refused to do the same and since the relationship of applicant
with the opposite party was over more than 10 years therefore even after repeated harassment and denial she
could not leave the applicant who was her alleged husband. A copy of the marriage certificate issued by the
Arya Samaj Mandir, Agra is being filed herewith and marked as Annexure No. C.A.-2 to this affidavit."

18. The applicant in reply to the aforesaid mentioned paragraph has merely stated that the certificate
is fraud and he will file appropriate application under Section 195 and 340 Cr.P.C. at an opportune time,
further mentioned, that the two stands of the opposite party no. 2 cannot go simultaneously, which are
sexual intercourse on false promise of marriage and the marriage between the parties. The relevant
paragraph-5 of the rejoinder affidavit is reiterated underneath:

"5. That the content of paragraph no. 6 of the counter affidavit is not admitted as stated in reply
there to it is submitted that the contents of paragraph no. 9 and 10 of the affidavit filed in support of the
affidavit are reasserted, it is further submitted that in the first information report, the opposite party no. 2
stated that the relation was established on the ground of the false promise of marriage, however she
herself annexed a document claiming that she is being married with the applicant though the documents
dated 24.04.2025 is a false, frivolous and concocted documents regarding which the proceeding under
section 195 and 340 of the Cr.P.C. was going to be launched separately, but first of all, it must be clarified
that whether it is a case of false promise of marriage or it is a case of humiliation after marriage both
allegations can not run concurrently as both are voice-versa to each of other."

19. Though the charge sheet is not submitted under the offence of rape, but it would be expedient in the
interest of justice that the provision of rape under Section 63 of B.N.S. is required to be dealt with along with
Section 64(2)(f). Wherein, there are several circumstances mentioned in Section 63 B.N.S. which amount to
332 INDIAN LAW REPORTS ALLAHABAD SERIES
the definition of rape whereas sub section (iv) of Section 63 provides 'with her consent, when the man knows
that he is not her husband and that her consent is given because she believes that he is another man to whom
she is or believes herself to be lawfully marriage;

20. It would also not be out of place to mention that Section 120 of Bhartiya Sakshya Adhiniyam 2023
provides a presumption as to absence of consent in certain prosecution for rape. This presumption in certain cases,
only qualifies upon the authorities provided under sub-section (2) of Section 64 of B.N.S., wherein the offence of
rape committed by police officers, public servant, member of Armed Forces and others is dealt with. In the same
category the act of a teacher is also provided under subsection (2)(f) of Section 64, reiterated, being a relatives,
guardian or teacher of, or a person in a position of trust or authority towards a woman, commits rape of such
woman;' the presumption provides that where intercourse by accused is proved and the question is whether it was
that the consent of the woman alleged to have been raped and such woman states in her evidence before the court
that she did not consent, the court shall presume that she did not consent.

21. Even otherwise Section 69 B.N.S. provides for sexual intercourse by employing deceitful means
and false promise of marriage as one of the deceitful means. In the case of Pramod Suryabhan Pawar Vs.
State of Maharashtra, (2019) 9 SCC 608, Hon'ble the Supreme Court has drawn a clear distinction
between 'false promise of marriage, which is given on understanding by the maker that it will be broken' and
'a breach of promise which is made in good faith but subsequently not fulfilled'. It is former which out
rightly attracts penal provision.

22. In the present case, the applicant accused prima facie knew from the beginning that he could
not marry the opposite party no. 2, as he was already married. It is a matter of trial to decipher from
evidence, whether the opposite party no. 2, victim was knowing the marital status of the applicant and
despite that she has entered into sexual intercourse with him, which continued for eleven long years. On
the basis of prima facie facts, this Court does not find sufficient ground to quash the charge sheet and
the proceedings. Hence, the application moved under Section 528 B.N.S.S. is devoid of merits and
liable to be dismissed.

23. The application under Section 528 B.N.S.S. is dismissed.
---------
(2026) 1 ILRA 332
ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 16.01.2026

BEFORE

THE HON'BLE RAJIV LOCHAN SHUKLA, J.

Application U/S 528 BNSS No. 39747 of 2025

Mohammad Shahzad ...Applicant
Versus
State of U.P. & Anr. ...Opposite Parties

Issue for Consideration