JUDGMENT :

GITA GOPI, J.

1. Rule. Learned Additional Public Prosecutor Mr. Pranav Trivedi waives service of notice of rule on behalf of respondent No. 1-State, whereas learned advocate Mr. Pratik Jasani waives service of notice of rule on behalf of respondent No. 2-original complainant.

2. The petitioner-original accused is before this Court invoking the provisions of Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) praying to quash and set aside the First Information Report being C.R. No. I-30 of 2017 registered with Mahila Police Station, Rajkot City for the offence punishable under Sections 376, 406, 323 and 506 of the Indian Penal Code, 1860.

3. It is the case of the petitioner that he had friendly relation with the complainant and they had cohabitated several times. The complainant is a married woman aged about 37 years. It is the case of the petitioner that the offence under Section 376 of the Indian Penal Code has not been made against him since the complainant had consented for establishing physical relation with the petitioner.

4. Learned advocate Mr. Virat Popat, referring to the facts stated in the FIR, submits that the details given