Facts
The petitioner sought to quash FIR No. 28/2026, the charge-sheet, and the resulting criminal proceedings (Session Case No. 54/2026) pending before the Upper Session Judge (F.T.C.), Bilaspur.
Source reference: para. 2The complainant, a 21-year-old married woman, alleged that the petitioner established physical relations with her on 19.11.2025 without her consent on a false pretext of marriage.
Source reference: para. 3Following an investigation involving medical examinations and witness statements, a charge-sheet was filed on 27.01.2026 for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023.
Source reference: para. 3The petitioner contended that the relationship was consensual, both parties were aware of each other’s marital status (negating any "promise of marriage"), and that the complainant had a history of filing similar false cases.
Source reference: para. 4-5Issues
1. Whether the FIR, charge-sheet, and criminal proceedings under Section 69 of the BNS, 2023, warrant quashing under the court's inherent jurisdiction.
Source reference: para. 22. Whether the allegations and evidence collected during the investigation disclose a prima facie case against the petitioner.
Source reference: para. 8Law Applied
Section 69 of the Bharatiya Nyaya Sanhita, 2023, which penalizes sexual intercourse by deceitful means or a promise to marry without the intention of fulfilling it.
Source reference: para. 2-3The court applied the settled legal principle regarding the exercise of inherent jurisdiction for quashing criminal proceedings, which holds that if the allegations in the FIR and the material in the charge-sheet, taken at face value, constitute a cognizable offence, the High Court should not interfere or meticulously weigh the evidence at a preliminary stage.
Source reference: para. 8Reasoning
The court observed that the investigation had progressed significantly, including the recording of witness statements, medical examination of the victim at SIMS Hospital, and the seizure of forensic evidence.
Source reference: para. 6It noted that the prosecution’s material prima facie indicated the petitioner’s involvement in the alleged offence.
Source reference: para. 8The court rejected the petitioner's arguments regarding the defense of consent, delay in filing the FIR, and alleged false implication, categorizing these as matters of fact that must be adjudicated during a full trial rather than in a quashing petition.
Source reference: para. 8The court emphasized that in exercising its inherent jurisdiction, it cannot undertake a "meticulous appreciation of disputed questions of fact" or evaluate the "probative value" of the evidence collected.
Source reference: para. 8Holding
The court answered the issues in the negative, holding that since the allegations disclose the prima facie commission of a cognizable offence, the matter must be tried on its merits.
The High Court found no grounds to interfere with the ongoing proceedings and dismissed the petition. The petitioner's prayer for quashing the FIR and charge-sheet was denied.
Source reference: para. 9Original Court PDF
ANUKESH RATREvsSTATE OF CHHATTISGARH
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