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ANISH KUMAR GUPTA
Shrey Gupta – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Anish Kumar Gupta, J.
1. Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Vijit Saxena, learned counsel for the applicant and Sri Jagdev Singh, learned counsel for the opposite party no. 2 and Mohd. Shoaib Khan, learned A.G.A. for the State-respondent.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of Charge-sheet dated 09.08.2018 in S.T. No. 826 of 2018 as well as the entire criminal proceedings in Case Crime No. 59 of 2018 under Sections 376 and 386 I.P.C., Police Station- Mahila Thana, District-Moradabad, pending in the court of Sessions Judge, Moradabad.
FACTS
3. The brief facts of the instant case are that on 21.03.2018, the opposite party no.2 had lodged an F.I.R. being Case Crime No. 0059 of 2018 for the offences u/S 376 and 386 I.P.C. at the Woman Police Station, District-Moradabad. It has been submitted by the opposite party no. 2/ the informant that she is the resident of Mohalla H-9, Lajpat Nagar near Guru Govind Singh Park, Police Station-Katghar, District- Moradabad. It is alleged that her husband- Sanjay Goyal, was suffering from disease of sugar for last 15 years and was unable to move frequently and despi
A long-standing consensual relationship does not constitute rape unless there is evidence of coercion or deceit from the outset.
Consent under Section 375 cannot be considered valid if based on a false promise of marriage if the promise was not made with fraudulent intent from the outset. Subsequently, a prolonged consensual r....
Consent obtained under threat or misconception is invalid; initial coercive acts establish a prima facie case of rape.
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.
Consensual sexual relationships do not constitute rape even if they are based on a promise of marriage that was not fulfilled, unless there is evidence of fraudulent intent.
The distinction between consensual relations and rape lies in the perception and intention behind consent; the breach of a promise to marry does not equate to misconception if the relationship is con....
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.
A breach of promise to marry does not constitute rape unless it can be proven that the promise was made with intent to deceive from the outset.
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