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B. V. NAGARATHNA, NONGMEIKAPAM KOTISWAR SINGH
Mahesh Damu Khare – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
(Nongmeikapam Kotiswar Singh, J.)
Leave granted.
2. The present appeal has been filed challenging the order dated 12.02.2018 passed by the Bombay High Court in Criminal Writ Petition (CRWP) No. 5190 of 2017 by which the High Court dismissed the petition filed under Section 482 of the Code of Criminal Procedure, 1973 (in short “CrPC”) by the present appellant seeking quashing of the FIR being CR No. 302 of 2017 dated 15.08.2017 filed by the complainant (Respondent no. 2 herein) registered with Kharghar Police Station, Navi Mumbai for offences punishable under Sections 376, 420, 504 and 506 of the Indian Penal Code, 1860 (in short “IPC”) holding, inter alia, that the offence under Section 376 of IPC is an offence against the society which would require further investigation into the matter and does not warrant interference.
3. The brief facts leading to the filing of the said Writ Petition as culled from the records may be stated as follows:
(1) Exercise of inherent jurisdiction – High Court does not have to go in detail by way of minute examination about correctness or otherwise of facts alleged – Court has to examine the same by taking....
Consent obtained under a false promise of marriage does not constitute rape if the accused had no intention to deceive at the time of the promise.
Section 375 of IPC states that a man is said to commit rape if he has had any form of sexual intercourse without consent of a woman.
Consent obtained under a misconception of fact does not constitute valid consent under Section 90 IPC; a consensual relationship does not amount to rape.
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