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2025 Supreme(Online)(Tel) 40834

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA
Sri Machala Sainath – Appellant
Versus
The State of Telangana – Respondent


THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.236 of 2025

ORDER:

This criminal petition is filed seeking to quash the proceedings against the petitioner in Crime No.1460 of 2024 on the file of Medipally Police Station, Rachakonda District, registered for the offences under Sections 64(1), 318(2) and 318(4) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

2. Heard Mr. Baglekar Akash Kumar, learned counsel for the petitioner and Ms.Shalini Saxena, learned Assistant Public Prosecutor for the respondent No.1-State and Mr. K. Narayan Rao, learned counsel for the respondent No.2.

3. Learned counsel for the petitioner has submitted that the petitioner and the respondent No.2-de facto complainant had a consensual relationship and that the Apex Court has reiterated many a times that in cases of consensual relationship the allegation of rape cannot be attributed. He further submitted that the respondent No.2 herein is a matured lady, who entered into a consensual relationship and has subsequently, lodged this complaint on false allegations. He, therefore, prayed to quash the proceedings against the petitioner.

4. Learned counsel for the respondent No.2 has filed counter opp

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