ORDER :

1. This Criminal Petition is filed to quash the proceedings against the petitioners in S.C No.243 of 2021 on the file of I Special Judge for trial of Cases against Women cum XVII Additional District & Sessions Judge, Ranga Reddy District at L.B. Nagar.

2. The case of the 2nd respondent is that in the year 2011 while she was studying Engineering, she got acquainted with the petitioner, who is of the same age. Both fell in love and decided to marry. Accordingly, on 16.07.2018, both of them got married at NFC Nagar, Ghatkeshar in Venkateswara Temple. Thereafter they went to Ramanthapur and partied with friends and on the same night, participated in sexual intercourse. Thereafter, the said physical relation continued. The petitioner allegedly had affair with another girl and when confronted, the petitioner allegedly stated that he was not interested in the 2nd respondent and wanted to marry someone else. The said issue was raised before the parents of the petitioner, who also supported the petitioner and stated that he was a man and he can do whatever he wants.

3. On the basis of the said complaint, the police Rachakonda registered a case and filed chare sheet for the offence under Sections 496, 420, 376(2)(n) of IPC.

4. Learned counsel for the petitioner would submit that firstly, the contents of the complaint and her statements before the police do not disclose any of the offences alleged. Secondly, the parties have entered into compromise and living their lives separately. The nd respondent had filed an affidavit stating that she does not intend to prosecute the case.

5. On the other hand, learned Additional Public Prosecutor submits that in such cases of rape, compromise cannot be considered and compounded by the High Court exercising inherent powers under Section 482 of Cr.P.C. Any such compromise recorded would be contrary to the Judgments of the Hon’ble Supreme Court.

6. As seen from the record, both the petitioner and the 2nd respondent are aged around 25 years. In the complaint, the 2nd respondent stated that both of them got married at Venkateshwara Temple. It is not her case that the marriage ceremony was fraudulently gone through with the knowledge that it is not a lawful marriage. Even according to the 2nd respondent, both got married in the temple premises. For the said reason, it cannot be said that there was fraudulent intention of this petitioner to go through the ceremony of marriage, knowing that he was not lawfully married. When the marriage had taken place in the temple with consent of both, an offence under Section 496 of IPC is not attracted.

7. The 2nd respondent, no where states that she was made to believe that the marriage was lawful and consequent to which she participated in sexual intercourse with the petitioner. Admittedly, after the marriage, both the petitioner and 2nd respondent had physical relation over a period of time, as such, it cannot be said that the act of this petitioner being in sexual relation would amount to rape.

8. The Hon’ble Supreme Court in the case of Dr.Dhruvaram Murlidhar Sonar v. State of Maharashtra, AIR 2019 Supreme Court 327 held as follows:

“20. Thus, there is a clear distinction between rape and consensual sex. The court, in such cases, must very carefully examine whether the complainant had actually wanted to marry the victim or had mala fide motives and had made a false promise to this effect only to satisfy his lust, as the later falls within the ambit of cheating or deception. There is also a distinction between mere breach of a promise and not fulfilling a false promise. If the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape. There may be a case where the prosecutrix agrees to have sexual intercourse on account of her love and passion for the accused and not solely on account of the misconception created by accused, or where an accused, on account of circumstances which