IMPORTANT POINT
The distinction between consensual sexual relations and those arising from deception is critical in determining the applicability of sexual offence laws, emphasizing that consent must be informed and voluntary.

JUDGMENT/ORDER

VINAY JOSHI, J. - Heard.

2. Admit.

3. This is an application seeking to quash First Information Report vide Crime No. 138/2023 registered with Police Station Ganeshpeth, Dist. Nagpur for the offence punishable under Ss. 376(2)(n) and 377 of the Indian Penal Code, Ss. 3(1)(w)(i), 3(1) (ii), 3(2) and 3(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 along with related criminal case bearing RCC No. 138/2023 on account of merits as well as on settlement.

4. Informant lady aged 27 years has lodged report on 16/4/2023 which led to the registration of Crime. It is prosecution case that the informant was serving as Beautician. On 23/11/2018, she had attended an event, in which she accidentally got acquainted with accused/applicant. Both have exchanged phone numbers and then they were frequenting on phone. Friendship was developed which turned into love relationship. The applicant pretended himself to be unmarried. First time in the month of November 2018 in the Lodging House applicant promised her to marry and had sexual intercourse. In the year 2019 itself, she came to know that the applicant was married, having two grown up issues. She has questioned to the applicant, however he threatened to commit suicide. Again, from the month of September 2021 for the period of one year, both lived together in livein-relationship. During said period, they maintained sexual relations. The informant remained pregnant in September 2021, while they were living in Bhopal. The applicant gave some pills which resulted into abortion. Again in the month of January 2022, she remained pregnant and similarly was aborted. Finally, the informant came to understand that the applicant was deceiving her and thus, she has filed report.

5. Applicant seeks to quash criminal prosecution on account of false implication as the case is of consensual relations between two adults. During the course of investigation, statement of other witnesses have been recorded. It is applicant's contention that victim is well grown up lady having love affair for four years. She was in deep love with him therefore, out of intimacy, by consent, they had maintained relation for long period. The victim lady has appeared in Court and filed affidavit stating that out of misunderstanding, she has lodged the report, but she do not want to prosecute the case. She stated that they were in live-in-relationship and therefore, she has no objection to quash First Information Report.

6. Pertinent to note that the quashing of First Information Report is not sought merely on account of settlement, however, elaborate submissions have been made to convince that no offence is made out, as it is a case of consensual relation. It is argued that from the First Information Report itself, it reveals that victim was well educated grown up lady aged 27 years. She had voluntarily entered into sexual relations out of love affair. Report nowhere discloses that only because accused assured for marriage, she surrendered herself. It is stated that for long period of four years, they have traveled at various places, stayed together, maintained relation and therefore, it cannot be said that under false pretext of marriage, the consent was obtained.

7. The informant/victim is well grown up lady aged 27 years. She was serving in Company, meaning thereby lady of good understanding. She got acquainted with applicant in the year 2018 and both had relation for next four years. Though victim stated that first time in the year 2018, they had sexual relation, however it was continued further. Pertinent to note that it is victim's own case that despite knowing marital status of the applicant, she stayed with him for the period of more than one year. Not only that after due knowledge, she remained pregnant twice which she aborted. It appears that the victim at her own had maintained relationship knowing well that her marriage was not possible.

8. In order to impress the submission that