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SANJAY DWIVEDI
Madhur Baghrecha – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual background of the petition and fir. (Para 1 , 2) |
| 2. arguments about the consensual nature of the relationship. (Para 4 , 5 , 6 , 8 , 9) |
| 3. examination of consent in the context of sexual relations. (Para 11 , 12 , 20) |
| 4. ratio decidendi regarding the definition of rape and consent. (Para 13 , 22 , 24) |
| 5. conclusion on quashing the fir. (Para 16 , 17) |
JUDGMENT
1. This petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure for quashing the FIR No. 62/2020 registered at Police Station Waraseoni, District Balaghat on 05.02.2020 for the offences punishable under Sections 376 and 506 of the INDIAN PENAL CODE and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. As per the case of the prosecution, a written complaint was made in the police station by the prosecutrix alleging therein that she knows the petitioner since a long time as she used to visit his shop to purchase clothes. She has stated in the complaint that frequent visit to the shop of the petitioner developed intimacy and attracted her towards the petitioner and she fell in love with the petitioner and as such they wer
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