Varun Pratap Singh vs The State Of Madhya Pradesh on 11 March, 2026

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    Madhya Pradesh High Court

    Varun Pratap Singh vs The State Of Madhya Pradesh on 11 March, 2026

              NEUTRAL CITATION NO. 2026:MPHC-JBP:19601
    
    
    
    
                                                                 1                          MCRC-35779-2025
                                  IN     THE      HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                             BEFORE
                                                HON'BLE SHRI JUSTICE VINAY SARAF
                                                      ON THE 11th OF MARCH, 2026
                                                MISC. CRIMINAL CASE No. 35779 of 2025
                                                     VARUN PRATAP SINGH
                                                           Versus
                                          THE STATE OF MADHYA PRADESH AND OTHERS
                               Appearance:
                                       Shri Kailash Chandra Ghildiyal - Senior Advocate with
                               Shri Awadhesh Kumar Ahirwar - Advocate for the petitioner .
                                       Ms. Nalini Gurung - Panel Lawyer for the respondent No.1/State.
                                       Shri Dinesh Tripathi - Advocate for the respondent No.2.
    
                                                                     ORDER
    

    1. The petitioner has approached this court by filing the present
    application under section 528 of BNSS, 2023 seeking quashment of first
    information report dated 27.03.2025 (FIR No.95/2025) lodged by respondent
    No. 2/complainant at Police Station Mahila Thana, Bhopal, District Bhopal
    which is registered under Section 351(2) and 69 of BNS, 2023. The trial is

    pending before the competent court.

    SPONSORED

    2. As per the allegation levelled in the First Information Report, the
    petitioner met to the complainant on 23.12.2012 in Army Canteen,
    Shahjahanabad, Bhopal and thereafter the petitioner and the complainant
    started calling each other on mobile and the petitioner made a false promise
    of marriage to the complainant by representing the he is bachelor and

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    MAURYA
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    2 MCRC-35779-2025
    developed physical relation with the complainant on the pretext of marriage.
    First time the physical relations were made on 25.12.2012 and thereafter
    several times the petitioner and complainant made the physical relations.

    3. As per the FIR in the year 2013, the complainant came to know that
    the petitioner is already married but when she enquired the petitioner, the
    petitioner told to the complainant that the character of his wife is bad and
    they are not living together nor they want to live together in future and in
    near future he will obtain a decree of divorce. He assured that thereafter the
    petitioner will marry to the complainant. The complainant and the petitioner
    continued relationships till 2025, when on 24.02.2025 the complainant came
    to know that the petitioner is in contact with other ladies also and assured
    them in similar manner. It is also alleged in the FIR that thereafter the

    petitioner threatened to the complainant and complainant lodged the report
    against the petitioner.

    4. The instant petition has been preferred for quahment of the FIR and
    with the consent of parties the arguments heard for the purpose of final
    disposal of the petition.

    5. Learned senior counsel appearing on behalf of the petitioner submits
    that the physical relations between the petitioner and the complainant were
    developed due to mutual consent and understanding and the relationship
    was consensual. The complainant is also a matured lady and working as
    Police Constable in Special Police Establishment, Lokayukt Organization,
    Bhopal. She was fully aware since beginning that the petitioner is already
    married and the petitioner never promised her to marry and therefore no

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    3 MCRC-35779-2025
    misrepresentation on the part of the petitioner. He further submits that the
    complainant continued in relationship with the petitioner on her own volition
    and the relationship was voluntary on the part of two major persons. He
    further submits that as per the FIR itself the complainant came to know
    regarding the marital status of the petitioner in the year 2013 but even
    thereafter she continued the relationship with the petitioner till 2025 without
    any complaint. He further submits that as the relationship was consensual no
    offence under Section 69 of BNS 2023 is made out. He further submits that
    the petitioner has not obtained the consent of the complainant by deceitful
    manner or by making promise to marry. He further submits that sexual
    relationship between both of them was consensual and therefore no case of
    rape is made out.

    6. Learned senior counsel relied upon the judgment delivered by
    Supreme Court in Prashant V. vs. State of NCT of Delhi (2025) 5 SCC

    764. Relevant para of which reads as under;

    ”20. In our view, taking the allegations in the FIR and
    the charge-sheet as they stand, the crucial ingredients of
    the offence under Section 376(2)(n)IPC are absent. A
    review of the FIR and the complainant’s statement under
    Section 164CrPC discloses no indication that any
    promise of marriage was extended at the outset of their
    relationship in 2017. Therefore, even if the
    prosecution’s case is accepted at its face value, it cannot
    be concluded that the complainant engaged in a sexual
    relationship with the appellant solely on account of any
    assurance of marriage from the appellant. The
    relationship between the parties was cordial and also
    consensual in nature. A mere break up of a relationship
    between a consenting couple cannot result in initiation
    of criminal proceedings. What was a consensual
    relationship between the parties at the initial stages

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    4 MCRC-35779-2025
    cannot be given a colour of criminality when the said
    relationship does not fructify into a marital relationship.
    Further, both parties are now married to someone else
    and have moved on in their respective lives. Thus, in
    our view, the continuation of the prosecution in the
    present case would amount to a gross abuse of the
    process of law. Therefore, no purpose would be served
    by continuing the prosecution.”

    7. He further relied on the judgment delivered by Supreme Court
    i n Bishwajyoti Chatterjee vs. State of West Bengal and Anr. (2025) 5 SCC
    749 and relied on the following paras which read as under;

    14. A bare perusal of the FIR dated 14-12-2015, and the
    statement of the complainant under Section 164CrPC,
    clearly establish that the appellant and the complainant
    had come in contact in the year 2014, during the
    pendency of matrimonial disputes arising out of the
    complainant’s marriage. It is the own case of
    Respondent 2 complainant that during the relevant time,
    the appellant had duly informed her that he was
    separated from his wife. The complainant who was well
    aware of the personal as well as the professional
    background of the appellant, who had been receiving
    financial help from the appellant for herself and her son,
    must have carefully weighed her decision before
    entering into a relationship with the appellant.

    15. Even if we take the case of the complainant at the
    face value or consider that the relationship was based on
    an offer of marriage, the complainant cannot plead
    “misconception of fact” or “rape on the false pretext to
    marry”. It is from day one that she had knowledge and
    was conscious of the fact, that the appellant was in a
    subsisting marriage, though separated. It is upon having
    an active understanding of the circumstances, actions
    and the consequences of the acts, that the complainant
    made a reasoned choice to sustain a relationship with
    the appellant.

    16. The conduct of Respondent 2 complainant ex

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    facie represents a reasoned deliberation, as summarised
    by this Hon’ble Court in Pramod Suryabhan Pawar v.
    State of Maharashtra [Pramod Suryabhan Pawar v. State
    of Maharashtra, (2019) 9 SCC 608 : (2019) 3 SCC (Cri)
    903] as under : (SCC p. 620, para 18)

    “18. To summarise the legal position that
    emerges from the above cases, the “consent”
    of a woman with respect to Section 375 must
    involve an active and reasoned deliberation
    towards the proposed act. To establish
    whether the “consent” was vitiated by a
    “misconception of fact” arising out of a
    promise to marry, two propositions must be
    established. The promise of marriage must
    have been a false promise, given in bad faith
    and with no intention of being adhered to at
    the time it was given. The false promise itself
    must be of immediate relevance, or bear a
    direct nexus to the woman’s decision to
    engage in the sexual act.”

    17. In our considered view, even if the allegations in the
    FIR and the charge-sheet are taken at their face value, it
    is improbable that Respondent 2 complainant had
    engaged in a physical relationship with the appellant,
    only on account of an assurance of marriage. As rightly
    observed by this Hon’ble Court in Prashant v. State
    (NCT of Delhi) [Prashant
    v. State (NCT of Delhi),
    (2025) 5 SCC 764] , that it is inconceivable, that the
    complainant or any woman would continue to meet the
    appellant or maintain a prolonged association or
    physical relationship with him in the absence of
    voluntary consent on her part.

    18. In Uday v. State of Karnataka [Uday v. State of
    Karnataka, (2003) 4 SCC 46 : 2003 SCC (Cri) 775] ,
    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 [Uday v. State of

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    Karnataka, (2003) 4 SCC 46 : 2003 SCC (Cri) 775] ,
    the Court noted that : (SCC pp. 56-57, para 21)

    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.

    19. A careful reading of the evidence on record also
    clearly shows that there is no evidence against the
    appellant, to conclude that there was any fraudulent or
    dishonest inducement of the complainant to constitute
    an offence under Section 415IPC. One may argue that
    the appellant was in a position of power to exert
    influence, however, there is nothing on record to
    establish “inducement” or “enticement”. There is also
    no material on record, that there was any threat of injury

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    7 MCRC-35779-2025
    or reputation to the complainant. A bare allegation that
    the appellant had threatened the complainant or her son
    cannot pass the muster of an offence of criminal
    intimidation under Section 506IPC.”

    8. Learned senior counsel submits that from bare perusal of the FIR it
    is apparent that the present case is a case of consensual relationship from the
    beginning and even if the case of prosecutrix is accepted it does not appear
    that the relationship was developed on the basis of promise to marry and the
    relationship continued for 13 years. He further submits that as the
    relationship turn sour the FIR has been lodged by the complainant after a
    period of 13 years and in view of the material on record no case for
    prosecuting the present petitioner is made out. He prays for allowing the
    petition and quashment of criminal case registered against the present
    petitioner.

    9. Learned counsel appearing on behalf of the respondent/State
    opposed the petition and submits that initially when relationship was
    developed, the petitioner falsely represented before the complainant that he is
    unmarried and he promised to the complainant that he will marry her and on
    the aforesaid deceitful promise the complainant developed the physical
    relations against her will with the petitioner. Therefore, prima facie offence
    is made out against the present petitioner. She further submits that the
    intention of petitioner was deceitful since beginning and by making false
    promise to marry the petitioner developed the physical relations with the
    complainant and even later on when the complainant came to know that the
    petitioner is already married he assured her that he will obtain divorce from
    his wife and will marry her. She further submits that petitioner is working in

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    8 MCRC-35779-2025
    Army and therefore, the complainant believed upon the petitioner and
    developed physical relations with the petitioner on a false promise of
    marriage. She submits that sufficient material is available in the matter and
    no case for quashment is made out. She also submits that the complainant has
    levelled allegation of rape against the petitioner in the statement record under
    Section 183 of BNSS 2023 also, she prays for dismissal of the petition.

    10. Learned counsel appearing for the respondent No.2 complainant
    vehemently opposed the petition on the ground that the petitioner is
    fraudulently and dishonestly abused the complainant and obtained her
    consent for developing the physical relationship and as the physical
    relationship was developed on the basis of the false pretext to marry, the case
    of rape is made out. He further submits that the petitioner time to time not
    only made false promises to marry to the complainant but also assured to the
    parents of the complainant that he will marry the complainant. He submits
    that no case for quashment of FIR is made out. Charge sheet has already
    been filed and trial has already been started. He prays for dismissal of the
    petition.

    11. After consideration the arguments advanced by the learned counsel
    for the parties and perusal of record as well as the contents of FIR and the
    statement of prosecutrix recorded under Section 183 of BNSS 2023, it is
    apparent that the petitioner and the complainant were known to each other
    since 2012 and they developed the physical relations which continued for 12
    to 13 years. They both are well educated. The complainant is working as
    lady Constable in Special Police Establishment, Lokayukta Organization,

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    9 MCRC-35779-2025
    Bhopal, whereas the petitioner is working in Indian Army. The “consent” of
    a woman with respect to Section 375 must involve an active and reasoned
    deliberation towards the proposed act. To establish whether the “consent”
    was vitiated by a “misconception of fact” arising out of a promise to marry,
    two propositions must be established. The promise of marriage must have
    been a false promise, given in bad faith and with no intention of being
    adhered to at the time it was given. The false promise itself must be of
    immediate relevance, or bear a direct nexus to the woman’s decision to
    engage in the sexual act.

    12. It is not convincible that the complainant or any woman who is
    working in a Police Department would continue to meet the petitioner or
    maintained a prolonged physical relationship with him in the absence of
    voluntary consent on her part. The petitioner and the complainant both are
    highly educated and working in uniformed services therefore and it cannot
    be believed that on the pretext of false marriage the complainant developed
    the physical relationship with the petitioner and continued the same without
    any demur or objection even after knowing the fact that the petitioner is
    already married.

    13. Reference may be had to the Judgment of Supreme Court in the
    matter of Pramod Suryabhan Pawar Vs. State of Maharashtra and another
    reported as (2019) 9 SCC 608 and the relevant para reads as under;

    12. This Court has repeatedly held that consent with
    respect to Section 375 IPC involves an active
    understanding of the circumstances, actions and
    consequences of the proposed act. An individual who
    makes a reasoned choice to act after evaluating various

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    alternative actions (or inaction) as well as the various
    possible consequences flowing from such action or
    inaction, consents to such action. In Dhruvaram Sonar
    [Dhruvaram Murlidhar Sonar v. State of Maharashtra
    ,
    (2019) 18 SCC 191 : 2018 SCC OnLine SC 3100]
    which was a case involving the invoking of the
    jurisdiction under Section 482, this Court observed :

    (SCC para 15)

    “15. An inference as to consent can be drawn
    if only based on evidence or probabilities of
    the case. “Consent” is also stated to be an act
    of reason coupled with deliberation. It
    denotes an active will in mind of a person to
    permit the doing of the act complained of.”

    This understanding was also emphasised in the decision
    of this Court in Kaini Rajan v. State of Kerala [Kaini
    Rajan v. State of Kerala, (2013) 9 SCC 113 : (2013) 3
    SCC (Cri) 858] : (SCC p. 118, para 12)

    “12. … “Consent”, for the purpose of Section
    375
    , requires voluntary participation not only
    after the exercise of intelligence based on the
    knowledge of the significance of the moral
    quality of the act but after having fully
    exercised the choice between resistance and
    assent. Whether there was consent or not, is
    to be ascertained only on a careful study of
    all relevant circumstances.”

    13. This understanding of consent has also been set out
    in Explanation 2 of Section 375 (reproduced above).
    Section 3(1)(w) of the SC/ST Act also incorporates this
    concept of consent:

    “3. (1)(w)(i) intentionally touches a woman belonging
    to a Scheduled Caste or a Scheduled Tribe, knowing
    that she belongs to a Scheduled Caste or a Scheduled
    Tribe, when such act of touching is of a sexual nature
    and is without the recipient’s consent;

    Explanation.–For the purposes of sub-clause (i), the

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    11 MCRC-35779-2025
    expression “consent” means an unequivocal voluntary
    agreement when the person by words, gestures, or any
    form of non-verbal communication, communicates
    willingness to participate in the specific act:

    Provided that a woman belonging to a Scheduled Caste
    or a Scheduled Tribe who does not offer physical
    resistance to any act of a sexual nature is not by reason
    only of that fact, is to be regarded as consenting to the
    sexual activity:

    Provided further that a woman’s sexual history,
    including with the offender shall not imply consent or
    mitigate the offence;

    14. In the present case, the “misconception of fact”

    alleged by the complainant is the appellant’s promise to
    marry her. Specifically in the context of a promise to
    marry, this Court has observed that there is a distinction
    between a false promise given on the understanding by
    the maker that it will be broken, and the breach of a
    promise which is made in good faith but subsequently
    not fulfilled. In Anurag Soni v. State of Chhattisgarh
    [Anurag Soni
    v. State of Chhattisgarh, (2019) 13 SCC 1
    : 2019 SCC OnLine SC 509] , this Court held : (SCC
    para 12)

    “12. The sum and substance of the aforesaid
    decisions would be that if it is established and
    proved that from the inception the accused
    who gave the promise to the prosecutrix to
    marry, did not have any intention to marry
    and the prosecutrix gave the consent for
    sexual intercourse on such an assurance by
    the accused that he would marry her, such a
    consent can be said to be a consent obtained
    on a misconception of fact as per Section 90
    IPC and, in such a case, such a consent
    would not excuse the offender and such an
    offender can be said to have committed the
    rape as defined under Sections 375 IPC and
    can be convicted for the offence under
    Section 376 IPC.”

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    Similar observations were made by this Court in
    Deepak Gulati v. State of Haryana [Deepak Gulati v.
    State of Haryana, (2013) 7 SCC 675 : (2013) 3 SCC
    (Cri) 660] (Deepak Gulati) : (SCC p. 682, para 21)

    21…. There is a distinction between the mere
    breach of a promise, and not fulfilling a false
    promise. Thus, the court must examine
    whether there was made, at an early stage a
    false promise of marriage by the accused;”

    ********

    16. Where the promise to marry is false and the
    intention of the maker at the time of making the promise
    itself was not to abide by it but to deceive the woman to
    convince her to engage in sexual relations, there is a
    “misconception of fact” that vitiates the woman’s
    “consent”. On the other hand, a breach of a promise
    cannot be said to be a false promise. To establish a false
    promise, the maker of the promise should have had no
    intention of upholding his word at the time of giving it.
    The “consent” of a woman under Section 375 is vitiated
    on the ground of a “misconception of fact” where such
    misconception was the basis for her choosing to engage
    in the said act. In Deepak Gulati [Deepak Gulati v. State
    of Haryana
    , (2013) 7 SCC 675 : (2013) 3 SCC (Cri)
    660] this Court observed : (SCC pp. 682-84, paras 21 &

    24)

    “21. There is a distinction between the mere breach of a
    promise, and not fulfilling a false promise. Thus, the
    court must examine whether there was made, at an early
    stage a false promise of marriage by the accused; and
    whether the consent involved was given after wholly
    understanding the nature and consequences of sexual
    indulgence. There may be a case where the prosecutrix
    agrees to have sexual intercourse on account of her love
    and passion for the accused, and not solely on account
    of misrepresentation made to her by the accused, or
    where an accused on account of circumstances which he
    could not have foreseen, or which were beyond his
    control, was unable to marry her, despite having every
    intention to do so. Such cases must be treated

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    differently.

    ********

    18. To summarise the legal position that emerges from
    the above cases, the “consent” of a woman with respect
    to Section 375 must involve an active and reasoned
    deliberation towards the proposed act. To establish
    whether the “consent” was vitiated by a “misconception
    of fact” arising out of a promise to marry, two
    propositions must be established. The promise of
    marriage must have been a false promise, given in bad
    faith and with no intention of being adhered to at the
    time it was given. The false promise itself must be of
    immediate relevance, or bear a direct nexus to the
    woman’s decision to engage in the sexual act.”

    14. Reference may also be had to the judgment of Supreme
    Court Uday vs. State of Karnataka (2003) 4 SCC 46 wherein considering
    the issue Supreme Court has held as under;

    ”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

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    14 MCRC-35779-2025
    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.

    **********

    23. Keeping in view the approach that the court must
    adopt in such cases, we shall now proceed to consider
    the evidence on record. In the instant case, the
    prosecutrix was a grown-up girl studying in a college.
    She was deeply in love with the appellant. She was,
    however, aware of the fact that since they belonged to
    different castes, marriage was not possible. In any event
    the proposal for their marriage was bound to be
    seriously opposed by their family members. She admits
    having told so to the appellant when he proposed to her
    the first time. She had sufficient intelligence to
    understand the significance and moral quality of the act
    she was consenting to. That is why she kept it a secret as
    long as she could. Despite this, she did not resist the
    overtures of the appellant, and in fact succumbed to
    them. She thus freely exercised a choice between
    resistance and assent. She must have known the
    consequences of the act, particularly when she was
    conscious of the fact that their marriage may not take
    place at all on account of caste considerations. All these
    circumstances lead us to the conclusion that she freely,
    voluntarily and consciously consented to having sexual
    intercourse with the appellant, and her consent was not
    in consequence of any misconception of fact.

    ********

    25. There is yet another difficulty which faces the
    prosecution in this case. In a case of this nature two
    conditions must be fulfilled for the application of
    Section 90 IPC. Firstly, it must be shown that the
    consent was given under a misconception of fact.
    Secondly, it must be proved that the person who
    obtained the consent knew, or had reason to believe that
    the consent was given in consequence of such
    misconception. We have serious doubts that the promise
    to marry induced the prosecutrix to consent to having
    sexual intercourse with the appellant. She knew, as we
    have observed earlier, that her marriage with the
    appellant was difficult on account of caste

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    15 MCRC-35779-2025
    considerations. The proposal was bound to meet with
    stiff opposition from members of both families. There
    was therefore a distinct possibility, of which she was
    clearly conscious, that the marriage may not take place
    at all despite the promise of the appellant. The question
    still remains whether even if it were so, the appellant
    knew, or had reason to believe, that the prosecutrix had
    consented to having sexual intercourse with him only as
    a consequence of her belief, based on his promise, that
    they will get married in due course. There is hardly any
    evidence to prove this fact. On the contrary, the
    circumstances of the case tend to support the conclusion
    that the appellant had reason to believe that the consent
    given by the prosecutrix was the result of their deep
    love for each other. It is not disputed that they were
    deeply in love. They met often, and it does appear that
    the prosecutrix permitted him liberties which, if at all,
    are permitted only to a person with whom one is in deep
    love. It is also not without significance that the
    prosecutrix stealthily went out with the appellant to a
    lonely place at 12 o’clock in the night. It usually
    happens in such cases, when two young persons are
    madly in love, that they promise to each other several
    times that come what may, they will get married. As
    stated by the prosecutrix the appellant also made such a
    promise on more than one occasion. In such
    circumstances the promise loses all significance,
    particularly when they are overcome with emotions and
    passion and find themselves in situations and
    circumstances where they, in a weak moment, succumb
    to the temptation of having sexual relationship. This is
    what appears to have happened in this case as well, and
    the prosecutrix willingly consented to having sexual
    intercourse with the appellant with whom she was
    deeply in love, not because he promised to marry her,
    but because she also desired it. In these circumstances it
    would be very difficult to impute to the appellant
    knowledge that the prosecutrix had consented in
    consequence of a misconception of fact arising from his
    promise. In any event, it was not possible for the
    appellant to know what was in the mind of the
    prosecutrix when she consented, because there were

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    16 MCRC-35779-2025
    more reasons than one for her to consent.”

    15. Supreme Court in the matter of Maheshwar Tigga vs. State of
    Jharkhand
    (2020) 10 SCC 108 has observed as under;

    ”20. We have no hesitation in concluding that the
    consent of the prosecutrix was but a conscious and
    deliberated choice, as distinct from an involuntary
    action or denial and which opportunity was available to
    her, because of her deep-seated love for the appellant
    leading her to willingly permit him liberties with her
    body, which according to normal human behaviour are
    permitted only to a person with whom one is deeply in
    love. The observations in this regard in Uday [Uday v.
    State of Karnataka
    , (2003) 4 SCC 46 : 2003 SCC (Cri)
    775] are considered relevant: (SCC p. 58, para 25)

    “25. It usually happens in such cases, when
    two young persons are madly in love, that
    they promise to each other several times that
    come what may, they will get married. As
    stated by the prosecutrix the appellant also
    made such a promise on more than one
    occasion. In such circumstances the promise
    loses all significance, particularly when they
    are overcome with emotions and passion and
    find themselves in situations and
    circumstances where they, in a weak
    moment, succumb to the temptation of
    having sexual relationship. This is what
    appears to have happened in this case as well,
    and the prosecutrix willingly consented to
    having sexual intercourse with the appellant
    with whom she was deeply in love, not
    because he promised to marry her, but
    because she also desired it. In these
    circumstances it would be very difficult to
    impute to the appellant knowledge that the
    prosecutrix had consented in consequence of
    a misconception of fact arising from his
    promise. In any event, it was not possible for
    the appellant to know what was in the mind

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    17 MCRC-35779-2025
    of the prosecutrix when she consented,
    because there were more reasons than one for
    her to consent.

    16. Reference may also be had to the judgment
    passed by Supreme Court in the matter of Deepak
    Gulatee vs. State of Haryana
    (2013) 7 SCC 675,
    relevant para reads as under;

    21. Consent may be express or implied,
    coerced or misguided, obtained willingly or
    through deceit. Consent is an act of reason,
    accompanied by deliberation, the mind
    weighing, as in a balance, the good and evil
    on each side. There is a clear distinction
    between rape and consensual sex and in a
    case like this, the court must very carefully
    examine whether the accused had actually
    wanted to marry the victim, or had mala fide
    motives, and had made a false promise to this
    effect only to satisfy his lust, as the latter
    falls within the ambit of cheating or
    deception. There is a distinction between the
    mere breach of a promise, and not fulfilling a
    false promise. Thus, the court must examine
    whether there was made, at an early stage a
    false promise of marriage by the accused; and
    whether the consent involved was given after
    wholly understanding the nature and
    consequences of sexual indulgence. There
    may be a case where the prosecutrix agrees to
    have sexual intercourse on account of her
    love and passion for the accused, and not
    solely on account of misrepresentation made
    to her by the accused, or where an accused
    on account of circumstances which he could
    not have foreseen, or which were beyond his
    control, was unable to marry her, despite
    having every intention to do so. Such cases

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    18 MCRC-35779-2025
    must be treated differently. An accused can
    be convicted for rape only if the court
    reaches a conclusion that the intention of the
    accused was mala fide, and that he had
    clandestine motives.

    **********

    24. Hence, it is evident that there must be
    adequate evidence to show that at the relevant
    time i.e. at the initial stage itself, the accused
    had no intention whatsoever, of keeping his
    promise to marry the victim. There may, of
    course, be circumstances, when a person
    having the best of intentions is unable to
    marry the victim owing to various
    unavoidable circumstances. The “failure to
    keep a promise made with respect to a future
    uncertain date, due to reasons that are not
    very clear from the evidence available, does
    not always amount to misconception of fact.
    In order to come within the meaning of the
    term “misconception of fact”, the fact must
    have an immediate relevance”. Section 90
    IPC cannot be called into aid in such a
    situation, to pardon the act of a girl in
    entirety, and fasten criminal liability on the
    other, unless the court is assured of the fact
    that from the very beginning, the accused had
    never really intended to marry her.

    17. In the matter of Mahesh Damu khare vs. State of Maharastra and
    Ors. 2024 11 SCC 398 Supreme Court observed as under,

    27. In our view, if a man is accused of having sexual
    relationship by making a false promise of marriage and
    if he is to be held criminally liable, any such physical
    relationship must be traceable directly to the false
    promise made and not qualified by other circumstances
    or consideration. A woman may have reasons to have
    physical relationship other than the promise of marriage
    made by the man, such as personal liking for the male
    partner without insisting upon formal marital ties.

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    19 MCRC-35779-2025

    28. Thus, in a situation where physical relationship is
    maintained for a prolonged period knowingly by the
    woman, it cannot be said with certainty that the said
    physical relationship was purely because of the alleged
    promise made by the appellant to marry her. Thus,
    unless it can be shown that the physical relationship was
    purely because of the promise of marriage, thereby
    having a direct nexus with the physical relationship
    without being influenced by any other consideration, it
    cannot be said that there was vitiation of consent under
    misconception of fact.

    29. It must also be clear that for a promise to be a false
    promise to amount to misconception of fact within the
    meaning of Section 90IPC, it must have been made
    from the very beginning with an intention to deceive the
    woman to persuade her to have a physical relationship.
    Therefore, if it is established that such consent was
    given under a misconception of fact, the said consent is
    vitiated and not a valid consent. In this regard we may
    refer to Deepak Gulati v. State of Haryana [Deepak
    Gulati
    v. State of Haryana, (2013) 7 SCC 675 : (2013) 3
    SCC (Cri) 660] , in which it was held as follows: (SCC
    pp. 682-84, paras 21 & 24)
    “21. Consent may be express or implied,
    coerced or misguided, obtained willingly or
    through deceit. Consent is an act of reason,
    accompanied by deliberation, the mind
    weighing, as in a balance, the good and evil
    on each side. There is a clear distinction
    between rape and consensual sex and in a
    case like this, the court must very carefully
    examine whether the accused had actually
    wanted to marry the victim, or had mala fide
    motives, and had made a false promise to this
    effect only to satisfy his lust, as the latter
    falls within the ambit of cheating or
    deception. There is a distinction between the
    mere breach of a promise, and not fulfilling a
    false promise. Thus, the court must examine
    whether there was made, at an early stage a
    false promise of marriage by the accused; and
    whether the consent involved was given after
    wholly understanding the nature and
    consequences of sexual indulgence. There
    may be a case where the prosecutrix agrees to
    have sexual intercourse on account of her
    love and passion for the accused, and not
    solely on account of misrepresentation made
    to her by the accused, or where an accused
    on account of circumstances which he could

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    20 MCRC-35779-2025
    not have foreseen, or which were beyond his
    control, was unable to marry her, despite
    having every intention to do so. Such cases
    must be treated differently. An accused can
    be convicted for rape only if the court
    reaches a conclusion that the intention of the
    accused was mala fide, and that he had
    clandestine motives.

    * * * ***

    24. Hence, it is evident that there must be
    adequate evidence to show that at the relevant
    time i.e. at the initial stage itself, the accused
    had no intention whatsoever, of keeping his
    promise to marry the victim. There may, of
    course, be circumstances, when a person
    having the best of intentions is unable to
    marry the victim owing to various
    unavoidable circumstances. The ‘failure to
    keep a promise made with respect to a future
    uncertain date, due to reasons that are not
    very clear from the evidence available, does
    not always amount to misconception of fact.
    In order to come within the meaning of the
    term “misconception of fact”, the fact must
    have an immediate relevance’. Section 90IPC
    cannot be called into aid in such a situation,
    to pardon the act of a girl in entirety, and
    fasten criminal liability on the other, unless
    the court is assured of the fact that from the
    very beginning, the accused had never really
    intended to marry her.”

    (emphasis in original and supplied)

    30. It may be also noted that there may be occasions
    where a promise to marry was made initially but for
    various reasons, a person may not be able to keep the
    promise to marry. If such promise is not made from the
    very beginning with the ulterior motive to deceive her,
    it cannot be said to be a false promise to attract the
    penal provisions of Section 375IPC, punishable under
    Section 376IPC.”

    18. After considering the law laid down by the Supreme Court and the
    circumstances as stated hereinabove, I have no hesitation to exercise the
    inherent power vested under Section 528 of BNSS 2023, it appears that due

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    21 MCRC-35779-2025
    to failure of relationship between the petitioner and the complainant, the
    complainant has lodged the instant FIR to pressurize the petitioner to
    continue the relationship.

    19. Considering the long relationship between the petitioner and
    complainant it is difficult to believe that the petitioner has developed the
    physical relations on the basis of a false pretext of marriage and committed
    the rape.

    20. In view of the same, this court is of the view that the petitioner is
    able to make out a case that it is not a case of rape but a case of consensual
    relationship. The registration of FIR appears to be the abuse the process of
    law and the Supreme Court in the case State of Haryana and others Vs.
    Bhajan Lal and others
    reported in 1992 Supp (1) SCC 335 observed that
    where the allegations made in the FIR or complaint are not sufficient to
    make out a case against the accused the FIR deserves to be quashed.

    21. Consequently, this Court does not find any material and any
    ingredient in the FIR that any offence under Section 69 of BNS or 351(2) of
    BNS, 2023 is made out against the petitioner and as such FIR and the
    prosecution initiated against the petitioner are liable to be quashed by
    exercising the powers provided under Section 528 of BNSS, 2023,
    Consequently, the petition succeeds and FIR registered vide Crime No.
    95/2025 at PS Mahila Thana, Bhopal for the offence punishable under
    Section 351(2) and 69 of BNS, 2023 is hereby quashed and consequently the
    charge sheet filed against the petitioner and all further proceedings based
    upon the said FIR are also quashed.

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    NEUTRAL CITATION NO. 2026:MPHC-JBP:19601

    22 MCRC-35779-2025

    22. Petition is allowed.

    23. No order as to costs.

    (VINAY SARAF)
    JUDGE

    Akm

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    Signed by: AKANKSHA
    MAURYA
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