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G. S. AHLUWALIA
Inder Kumar Goyal – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. allegations regarding consensual physical relationship. (Para 2 , 3 , 4) |
| 2. defining consent under ipc. (Para 6 , 7) |
| 3. determining misconception of fact in consent. (Para 9 , 10) |
| 4. establishing deception versus genuine promises in relationships. (Para 14 , 15) |
| 5. no prosecution due to consensual relationship. (Para 16 , 17) |
ORDER
1. This application, under section 482 of Cr.P.C., has been filed for quashment of FIR in Crime No.113/2024 registered at Police Station Shivpuri Kotwali, District Shivpuri (M.P.) for offence punishable under sections 376, 506 of IPC and under sections 3(2)(v), 3(2)(va) and 3(1)(w)(ii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and all consequential proceedings arising out of it.
2. Prosecution story, in short, is that prosecutrix lodged an FIR on 14.2.2024 alleging that she is aged about 21 years and for the last five years was working in a shop, namely, Shri Ganesh Hosiery, Tekri. Therefore, she was on talking terms with the applicant who is the owner of shop in question. About 2-3 years back, applicant started claiming that he is in love with her and wants to marry her. She also started liking applicant and th
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....
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.
Consent in sexual relationships must be genuinely understood; presenting false pretenses may constitute a misconception but requires clear malicious intent to amount to rape.
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.
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....
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