Neutral Citation No. - 2025:AHC-LKO:2150-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 192 of 2025 Petitioner :- Siddharth Kumar Gautam Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Vijay Prakash Srivastava Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Vakalatnama filed today by Sri Krishna Gopal, learned counsel on behalf of respondent No.4 is taken on record. 2. Heard learned counsel for the petitioner, Sri Girjesh Kumar Dwivedi, learned A.G.A. for State-respondent Nos.1 to 3 and Sri Krishna Gopal, learned counsel for respondent No.4. 3. This petition has been filed with the following prayers :- "I. Issue a writ order or direction in the nature of certiorari to quash the impugned F.I.R. No.1172/2024, under Section-69, 352, 351 (3) BNS, 2023, Police Station- Kotwali, Barabanki, contained as Annexure No.1 to this writ petition. II. Issue any writ order or direction in the nature of mandamus commanding the opposite party no-2 & 3 not to arrest the petitioner in connection of F.I.R. No.1172/2024, under Section- 69, 352, 351(3) BNS, 2023, Police Station- Kotwali, Barabanki." 4. We have gone through the F.I.R., it is the case of the petitioner that the petitioner and the informant were in a relationship since long i.e. almost for five years and in the judgment rendered by Hon'ble Apex Court in the case of Deepak Gulati vs. State of Haryana : 2013 (7) SCC 675, the Supreme Court has observed that consent may be express or implicit, or misguided, obtained willingly or through deceit. There is a fair distinction between rape and consensual sex and, therefore, the Court must examine whether a false promise of marriage was made by the accused and, in case, it finds that no such false promise was made and the sexual intercourse had occurred due to the informant's love and passion for the accused, no case of rape is made out. 5. Having gone through the F.I.R., we are of the opinion that it is a question of trial by leading evidence on both sides for the court to decide whether there was a promise of marriage on behalf of the petitioner which was false ab initio. This Court merely by reading the F.I.R or by going through the contents of the writ petition, cannot come to any reasoned conclusion with regard to the facts as alleged. From the bare perusal of the F.I.R., the offence is made out. Therefore, this Court does not wish to interfere in the impugned F.I.R., the writ petition is dismissed accordingly. 6. However, it shall not come in the way of the petitioner to seek any other remedy available to him under law. Order Date :- 13.1.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench