Long-term consensual relationships cannot be criminalized based on later disputes; consent must be voluntary and may be vitiated by misconception of fact.

J U D G M E N T

NONGMEIKAPAM KOTISWAR SINGH, J.

Leave granted.

2. The present appeal has been filed challenging the order dated

12.02.2018 passed by the Bombay High Court in Criminal Writ Petition (CRWP) No. 5190 of 2017 by which the High Court dismissed the petition filed under Section 482 of the Code of Criminal Procedure, 1973 (in short “CrPC”) by the present appellant seeking quashing of the FIR being CR No. 302 of 2017 dated 15.08.2017 filed by the complainant (Respondent no. 2 herein) registered with Kharghar Police Station, Navi Mumbai for offences punishable under Sections 376 , 420 , 504 and 506 of the Indian Penal Signature Not Verified Digitally signed by RADHA SHARMA Code, 1860 (in short “ IPC ”) holding, inter alia, that the offence Date: 2024.11.26

16:52:35 IST Reason:

under Section 376 of IPC is an offence against the society which would require further investigation into the matter and does not warrant interference.

3. The brief facts leading to the filing of the said Writ Petition as culled from the records may be stated as follows:

3.1 The appellant claims to be a social worker since 1985 and is engaged in various socio-political activities, who provides help and assistance to the needy whenever sought. It was contended that in 2012 the appellant was approached by the complainant (Respondent no. 2) seeking help in resolving the issue of kidnapping of her elder daughter which he successfully accomplished. Thereafter, the complainant started visiting the office of the appellant and was regularly assisting in the socio- political works of the appellant. The appellant also on her request used to extend financial help for support and education of the children of the complainant. The complainant, however, continued to seek more financial assistance from the appellant which he could not afford any longer and accordingly, helped her to find employment.

3.2 It is the case of the appellant that the complainant continued to seek more attention and financial help from the appellant, because of which the appellant tried to ignore her, to which she became aggressive and started issuing threats not only to the appellant but also to his family members to extort more money from the appellant which led to filing of several complaints against the complainant (Respondent no. 2) by the wife of the appellant. In all, five complaints were lodged with Nerul Police Station by the appellant, his wife and his office staff against the harassment tactics of the complainant for extorting money from the appellant. However, the complainant continued her aggressive, abusive behaviour towards the appellant and family members.

4. The appellant, to his shock, learnt later that a complaint was filed by Respondent no. 2 as a counter blast which was registered as FIR No. 302 of 2017 dated 15.08.2017 under Sections 376 , 420 , 504 and 506 of the IPC stating, inter alia, as follows:-

(i) The complainant was married in 1994 by performing Christian rituals out of which two daughters were born. Her husband died in the year 2003. Thereafter, she came to reside at Sarsole in Navi Mumbai and was looking for a job as she had no means of livelihood. While looking for a job she was introduced to the appellant who was also in need of a helper to look after his ailing wife.

(ii) Accordingly, she met the appellant in 2008. The appellant told the complainant that his wife had skin disease, thyroid problem and paralytic stroke and the complainant has to look after his wife at his own residence at Kharghar Sector 12, behind HDFC ATM.

(iii) Accordingly, on the next day in the morning she went to the house of the appellant along with her daughter. It was alleged that the appellant was with his second wife Kalpana at home and the wife asked her daughter to sit with her and sent the complainant to the bedroom to massage the feet of the appellant and while massaging the appellant citing reasons of illness of both his wives, told her that he would marry her and thereafter, had s