Consent in sexual relationships is critical; longstanding relationships may imply valid consent under IPC.

ORAL JUDGMENT

Date : 02-12-2025 Heard Mr. Yash Mathur along with Ms. Antara Azad, learned counsels appearing on behalf of the petitioner and Mr.

Ajit Kumar, learned APP for the State.

2. The petitioner has preferred the present application under Section 482 of Cr.P.C. for quashing of First Information Report bearing Mohaniya P.S.Case No.504 of 2023 registered under Sections 376 and 313 of Indian Penal Code .

3. As per the allegation made in the FIR, when the victim was studying in School (nine years earlier of lodging of the FIR), the informant and the petitioner developed talking terms with each other. The petitioner on the pretext of getting married with her made physical relation and upon being pregnant, he gave her medicine and refused to marry with her, thereafter, her father settled her marriage with another person, but the petitioner broke their marriage and threatened that he would not let her marry anywhere.

4. Mr. Yash Mathur along with Ms. Antara Azad, learned counsels appearing on behalf of the petitioner submitted that the informant is the victim and she has admitted in the FIR that she was in relationship with the petitioner and without any objection, they consented for alleged sexual relationship and when the petitioner did not marry with her, the present FIR has been lodged against him. As such, once it is consensual, the petitioner can not be said to have committed offence punishable under Sections 375 IPC.

5. Learned counsels further submitted that the cognizance has been taken under Section 376 Cr.P.C. for the offence, as alleged in the FIR, vide order dated 03.04.2025 but the petitioner has sought for quashing of the First Information Report on the ground that from bare perusal of the record, it appears that no offence is made out against the petitioner under Sections 376 and 313 of the IPC.

6. The ingredients as contained in Section 375 of the Indian Penal Code is as follows : -

“375. Rape.—

A man is said to commit "rape" if he—

(a)penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b)inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c)manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d)applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,under the circumstances falling under any of the following seven descriptions:—

(First.)— Against her will.

(Secondly.) — Without her consent.

(Thirdly.) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt, (Fourthly.) — With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

(Fifthly.) — With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.

(Sixthly.) — With or without her consent, when she is under eighteen years of age.

(Seventhly.) — When she is unable to communicate consent.

Explanation 1.— For the purposes of this section, "vagina" shall also include labia majora.

Explanation 2.— Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non- verbal communication,