Consensual relationships cannot be criminalized under IPC when no coercion or false promise exists.

O R D E R :

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioner-accused seeking to quash the proceedings against him in S.C.No.156 of 2022 on the file of the learned I Additional District and Sessions Judge at Gadwal, arising out of Crime No.94 of 2020 of P.S. Kodandapur, Jogulamba-Gadwal District. The offences alleged against the petitioner are under Sections 376(1)(b), 366, 417 and 420 of IPC.

2. Heard Mr. C.Vikram Chandra, learned counsel for the petitioner Mrs. G.Jaya Reddy, learned legal aid counsel appearing for respondent No.2-de facto complainant-victim and Mrs. S.Madhavi, learned Assistant Public Prosecutor appearing for the respondent-State. Perused the record.

3. The facts of the case, in brief, are that the victim and petitioner- accused are distant relatives. About two years prior to lodging complaint, a marriage proposal pertaining to the victim was made to the petitioner, for which, he refused. Subsequently, on 17.03.2020, the marriage of victim was performed with LW-4/Pinjari Chand Basha. Thereafter, the petitioner, being attracted to her physical appearance and driven by illicit intentions, developed familiarity with both the victim and her husband.

Under this pretext, he began to frequently visit their residence and habitually contacted the victim through phone during the absence of her husband. On the false promise of marriage and under the guise of love, the petitioner deceitfully induced the victim and forcibly participated in sexual intercourse with her. On suspicion, LW-4 warned both of them. Thereafter, on the false assurances made by the petitioner, the victim along with her son went to her parental home at Vemula on 10.10.2020, from where, the petitioner took her and her son on his motorcycle forcibly to Gadwal to enjoy her sexually. The petitioner admitted the victim in the Government Hospital, Gadwal, and thereafter, went to search for a rented room, but was unable to find a suitable room. After two days, the Police Kodandapur called them to the Police Station. Since the husband and parents of victim are not interested to take her home, the Police admitted her at Sakhi Center, Gadwal. On 30.01.2020, when she went to the house of petitioner, he along with his family members beat her and thrown cylinder. Hence, the present complaint.

4. Basing on the said complaint, a case in Crime No.94 of 2020 was registered against the petitioner for the offences under Sections 366, 417, 420 and 494 of IPC. During the course of investigation, on recording the confession-cum-seizure panchanama of petitioner, Section of Law was altered to Sections 376(1)(b), 366, 417 and 420 of IPC. After completion of investigation, charge sheet was filed, the same was taken cognizance and numbered as S.C.No.156 of 2022.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the case. On the alleged date of incident i.e., 10.10.2020, the petitioner was on his official duty distributing Bathukamma sarees. To support the same, he has filed attendance certificates and photographs. He further submits that the victim bore grudge against the petitioner for refusing her marriage proposal and has wantonly foisted the present complaint against him with all false allegations only to take revenge on him for not marrying her. The victim herself voluntarily left the home, but the petitioner did not take her forcibly. The victim has created a galata and nuisance on 27.04.2021 at the house of petitioner, as such, the mother of petitioner has lodged a complaint against her, which was registered as a case in Crime No.52 of 2021 of P.S. Gadwal Rural. He further submits that no specific overt acts are attributed to the petitioner hence the offences a