The Allahabad High Court has declined to interfere with criminal proceedings against an Aligarh-based man accused of exploiting a woman for over a decade on the false promise of marriage. The court held that the allegations raised serious factual issues which cannot be decided at the stage of quashing and must be tested during trial.
The order was passed by Justice Avnish Saxena while dismissing an application filed by Kuldeep Verma seeking to quash the charge sheet, cognizance order, and trial proceedings pending before the Chief Judicial Magistrate, Aligarh.
Background of the Case
The case arises from an FIR lodged on June 20, 2025, by the woman complainant, who alleged that she had been in a relationship with the accused since around 2014. According to her, the accused repeatedly established physical relations with her on the assurance that he would marry her.
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The woman stated that she lived with the accused like a wife, suffered physical abuse, and was threatened with defamation if she spoke out. She further alleged that despite promises, the accused later refused to keep her with him, citing her medical condition, and allegedly threatened her with false cases.
Based on these allegations, police registered the case under provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, including Section 69, which deals with sexual intercourse by deceitful means, along with sections relating to causing hurt, intentional insult, and criminal intimidation.
Applicant’s Arguments
Counsel for the accused argued that the relationship was consensual and long-standing, stretching over 11 years. It was contended that the complainant was a mature adult who knowingly remained in the relationship and that allegations of deceit were an afterthought following personal disputes.
The defence also pointed out earlier complaints made by the woman in 2018, which were allegedly withdrawn after she came to know about the accused’s marital status. Relying on Supreme Court judgments, the applicant claimed that a failed relationship or broken promise cannot automatically amount to a criminal offence.
Stand of the Prosecution and the Complainant
Opposing the plea, the State and the complainant’s counsel submitted that the accused was already married when the relationship began, a fact allegedly concealed from the woman. They argued that the promise of marriage was false from the outset and was used to exploit her physically and emotionally.
The complainant also relied on a marriage certificate issued by an Arya Samaj Mandir in April 2025, asserting that she believed herself to be lawfully married and continued to seek formal recognition of the marriage.
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Court’s Observations
After examining the FIR, statements, and material on record, the High Court noted that the allegations disclosed a prima facie case under Section 69 of the Bharatiya Nyaya Sanhita. The court observed that the provision is a new penal offence which criminalises sexual relations obtained through deceit, including false promises of marriage.
“The material on record, at this stage, reveals allegations of prolonged sexual exploitation by employing deceitful means,” the bench observed, adding that whether the complainant knew about the accused’s marital status is a matter of evidence.
Justice Saxena further noted that the accused being already married raises a serious question as to whether the promise of marriage was genuine or inherently false. Such disputed facts, the court said, cannot be resolved in proceedings seeking quashing of criminal cases.
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Final Decision
Holding that continuation of the trial would not amount to abuse of the process of law, the High Court dismissed the application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita.
“The Court does not find sufficient ground to quash the charge sheet and the proceedings,” the order concluded, making it clear that the matter must now proceed to trial for a full examination of evidence.
Case Title: Kuldeep Verma v. State of Uttar Pradesh & Another
