The distinction between consensual relationships and sexual assault hinges on the evaluation of consent, with the court finding that the prosecutrix's informed participation negated allegations of rape.

JUDGMENT

DR. SWARANA KANTA SHARMA, J

1. The petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure, 1973 [hereafter 'Cr.P.C.'], praying for quashing of the FIR bearing no. 655/2020, registered on 15.10.2020, at Police Station Vasant Kunj South, Delhi for the commission of offence punishable under Section 376 /506 of the INDIAN PENAL CODE , 1860 [hereafter 'IPC'] and all consequential proceedings emanating therefrom.

FACTUAL BACKDROP

2. Brief facts of the case, as borne out from the complaint filed by the prosecutrix (respondent no. 2) are that, she was employed as a cabin crew member with SpiceJet Airlines between 2017 and October 2018, and subsequently with Vistara Airlines in Delhi till December 2019. She had first met the petitioner-accused, Gautam Sharma, a pilot, in March 2018 on a SpiceJet flight, following which he had contacted her through WhatsApp after obtaining her number from the company directory. As alleged, the accused had gradually gained her confidence, while concealing his marital status. In May 2018, the accused had arranged her stay at Radisson Blu Plaza Hotel, Mahipalpur, where on the night of 20.05.2018, he had allegedly spiked her drink and committed forcible sexual intercourse with her without her consent. On the following morning, upon being confronted, the accused had assured her of marriage and disclosed for the first time that he was married to one Ms. 'M' but was allegedly separated. He had thereafter persuaded the prosecutrix not to report the incident, promising that he would soon obtain a divorce and marry her. Believing these assurances, the prosecutrix had continued the relationship. In June 2018, the accused had stayed with her for three days at her rented apartment in Kolkata and had allegedly engaged in sexual intercourse against her will. In July 2018, he had again subjected her to sexual acts at Fairfield by Marriott, Bengaluru. On her birthday in August 2018, the prosecutrix had stayed with him at his Gurugram residence, where he again forced himself upon her.On 25.08.2018, the prosecutrix had discovered that she was pregnant. Despite her insistence on marriage, the accused had prevailed upon her to undergo an abortion, which was carried out at Petals Clinic, Pune, under the supervision of Dr. Madhu Juneja. He had allegedly stayed with her from 28.08.2018 to 31.08.2018 at Hotel Hyatt, Pune, during which the termination of pregnancy had taken place. In October 2018, the prosecutrix had shifted to Delhi to work with Vistara Airlines. Between October 2018 and 2019, she had resided first in a PG accommodation in Gurugram, and thereafter in an apartment at Dwarka. During this period, the accused had continued to meet her and had allegedly maintained sexual relations with her on repeated assurances of marriage. In April 2019, she had again conceived and, despite her protests, had been compelled to undergo a second abortion at Max Hospital, Gurugram, under the supervision of Dr. Suman Lal, after staying for five days at the accused's residence. From September to October 2019, the prosecutrix had accompanied the accused to Goa, Coorg, Ooty, and later to her hometown Trivandrum. In November 2019, when she had pressed him about divorce, he had disclosed for the first time that he had earlier been divorced from his first wife, and was presently married to his second wife, i.e. Ms. 'M'. According to the prosecutrix, this disclosure had left her shocked, since his marital status had never been revealed to her prior to their physical relationship. However, to reinforce her trust, he had introduced her to his mother at Ambience Mall, Gurugram, in November 2019. On New Year's Eve of 2019, the prosecutrix had accompanied the accused to a party at Unplugged Courtyard, Gurugram, where, under the influence of drugs and alcohol, he and his friends had misbehaved with her. When she had resisted, the accused had allegedly threatened to leak her private photographs and videos, w