Consensual relationships between adults do not constitute rape, particularly if the complainant acts with full understanding of the relationship.

ORDER :

JUVVADI SRIDEVI, J. 

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioners-accused Nos.1 to 4 seeking to quash the proceedings against them in F.I.R.No.188 of 2022 of P.S. Raidurgam, Cyberabad District. The offences alleged against the petitioners are under Sections 376(2)(n), 417 and 506 read with Section 34 of the Indian Penal Code (for short ‘IPC') and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 (for short ‘the Act').

2. Heard Mr. K.Durga Prasad, learned counsel for the petitioners and Mrs. S.Madhavi, learned Assistant Public Prosecutor appearing for the respondent-State. There is no representation on behalf of respondent No.2-de facto complainant either on the earlier occasion i.e., 12.06.2025 or today, despite the matter pertaining to the year 2022. Perused the record.

3. The facts of the case, in brief, are that the de facto complainant, who is aged about 26 years as on the date of lodging complaint, is a divorcee with two children, working in the Film Industry as a Movie Writer. In the year 2019, the petitioner-accused No.1 contacted de facto complainant on seeing her social media posts and both of them got acquainted with each other. Though the de facto complainant stated that she was married and having children, the petitioner-accused No.1 made a false promise that he will marry her. On 22.05.2020, the petitioner- accused No.1 allegedly went to her flat, gave her a cool drink that caused her to become unconscious, and then raped her, recording the act. When she confronted petitioner-accused No.1 on the next day, he threatened to post the video online. The parents of petitioner-accused No.1 i.e., petitioners-accused Nos.2 and 3 falsely claiming that their son was divorced and promising to arrange his marriage with de facto complainant, convinced her to continue relationship with petitioner- accused No.1. The petitioner-accused No.1 also acted as if he has agreed to the marriage. Believing them, the de facto complainant lived with him, during which, he allegedly raped her multiple times without her consent or knowledge. When she asked to marry her, he repeatedly postponed it and eventually refused. All the accused abused her in filthy language. On 30.09.2021, the petitioner-accused No.1 turned off his phone, and later, the de facto complainant came to know that petitioner- accused No.4, who is the wife of petitioner-accused No.1, had not divorced him. Hence, the present complaint was lodged. Basing on the said complaint, a case in Crime No.188 of 2022 was registered against the petitioners.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the case. The de facto complainant is in the habit of entrapping innocent men, engaging in the acts of blackmail, and lodge false cases against them. She filed several cases against many men. The de facto complainant was married five times. He further submits that the de facto complainant is living in rented places and in order to evade payment of rents, she is taking shelter of caste and threatening the owners under SC/ST Act. The relationship between petitioner-accused No.1 and de facto complainant is purely consensual. No specific overt acts are attributed to the petitioners- accused Nos.1 to 4 hence the offences alleged against them would not be attracted, and thus, prayed to quash the proceedings against the petitioners.

5. On the other hand, the learned Assistant Public Prosecutor contended that there are specific allegations against the petitioners