The Allahabad High Court has quashed an FIR lodged under Section 69 of the Bharatiya Nyaya Sanhita (BNS) alleging sexual relations on the basis of a false promise of marriage, ruling that the provision penalises deceit and not mere cancellation of a mutual agreement to marry.
In a significant ruling, the Allahabad High Court has held that Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS) targets acts involving “deceit” and not instances of “disappointment” arising from failed mutual relationships. Accordingly, a division bench comprising Justice Siddhartha Varma and Justice Abdul Shahid quashed an FIR registered against a man, his father, and another for alleged sexual relations under a false promise of marriage.
The case arose from an FIR lodged on December 24, 2023, at Sector 63 police station in Noida, Gautam Budh Nagar, wherein the complainant woman (referred to as fourth respondent) accused the petitioner Neeleshramchandani, his father, and another of offences under Section 69 BNS and other provisions.
The petitioners approached the High Court seeking quashing of the FIR, arguing that the relationship between the first petitioner and the complainant was consensual and based on mutual liking, not deceit.
The High Court carefully examined the facts and rejected the claim that the relationship was based on a false promise. “We are definitely of the view that Section 69 of BNS punishes deceit and not disappointment,” the Court held.
It further noted:
“In the instant case, we find that there was an agreement between the parties to marry and there was in fact no unilateral or deceitful promise by the first petitioner to the fourth respondent (girl) that he would marry her in the near future.”
The Court emphasized that the agreement to marry was mutual and intact until differences arose, leading to the cancellation of marriage. There was no indication that the petitioner had any fraudulent intention at any point.
Additionally, the Court commented on the timing of the FIR:
“The FIR was lodged at a time when the first petitioner thought that marriage was not possible for one reason or another.”
It concluded that the complaint lacked the necessary ingredients to constitute an offence under Section 69 BNS, which requires both:
- A sexual relationship; and
- That such relationship was induced by deceit or a promise to marry without any intention to fulfil it.
Allowing the writ petition, the bench quashed the FIR under Section 69 BNS. However, it clarified that investigation under other applicable provisions may continue, but no coercive steps including arrest shall be taken against the petitioners.
The order was passed on January 29, 2026.
