Where the physical relationship between parties continued for three years, was voluntary, and the woman, though married, met the appellant of her own volition and engaged in intimacy repeatedly without complaint; where she herself opposed marriage whenever the appellant proposed it; and where she continued the relationship even after stating “You live your life and I will live my life” — Held, the case is a classic instance of a consensual relationship having subsequently turned acrimonious, and not a case of rape based on deception or false promise of marriage. Ingredients of S. 376 or S. 376(2)(n) not attracted. (Paras 23, 26–28, 31–34)

PENAL CODE, 1860 — Ss. 375, 376, 376(2)(n) — CONSENT — FALSE PROMISE OF MARRIAGE — LONG-TERM RELATIONSHIP — NO MISCONCEPTION OF FACT ATTRACTED

Where the physical relationship between parties continued for three years, was voluntary, and the woman, though married, met the appellant of her own volition and engaged in intimacy repeatedly without complaint; where she herself opposed marriage whenever the appellant proposed it; and where she continued the relationship even after stating “You live your life and I will live my life” — Held, the case is a classic instance of a consensual relationship having subsequently turned acrimonious, and not a case of rape based on deception or false promise of marriage. Ingredients of S. 376 or S. 376(2)(n) not attracted. (Paras 23, 26–28, 31–34)

PENAL CODE, 1860 — S. 376(2)(n) — “REPEATEDLY” — REQUIREMENT OF PATTERN OF SEXUAL ASSAULT — NOT MADE OUT

The expression “repeatedly” in S. 376(2)(n) signifies multiple acts of sexual assault at different points in time, generally involving fear, pressure, continued deceit or vulnerability. On facts, the FIR disclosed no initial act of sexual assault, no coercion, no inducement compelling the woman to accompany the appellant, and no circumstance suggesting domination; visits to hotel were voluntary. Hence S. 376(2)(n) not attracted. (Paras 20–22, 34)

RAPE ON FALSE PROMISE OF MARRIAGE — REQUIREMENT THAT PROMISE BE FALSE FROM THE VERY BEGINNING — NOT ESTABLISHED

Applying Mahesh Damu Khare v. State of Maharashtra, (2024) 11 SCC 398 and Deepak Gulati v. State of Haryana, (2013) 7 SCC 675: A false promise must be from the inception and must directly induce the sexual relationship. Physical intimacy must be traceable directly to such promise. In the present case, no material shows that consent was premised solely on any promise of marriage, or that the appellant never intended to marry from the beginning. (Paras 25, 27, 38)

CRIMINAL LAW — FAILED RELATIONSHIP CANNOT BE GIVEN COLOUR OF CRIMINALITY

Court reiterates concern over the “disquieting tendency wherein failed or broken relationships are given the colour of criminality”. Rape being of the gravest kind must not be invoked in cases lacking genuine sexual violence. Continuation of prosecution would result in grave injustice and is an abuse of criminal process. (Para 29)

DELAY — LODGING OF FIR AFTER THREE MONTHS OF LAST ALLEGED INCIDENT — CONSISTENT WITH AFTERTHOUGHT

Last incident allegedly occurred on 20.05.2024; FIR filed on 31.08.2024. No explanation in the FIR for such delay; FIR silent on compulsion to accompany appellant. Held, circumstances point to voluntary association, and delay reinforces absence of coercion. (Paras 33–34)

BNSS, 2023 — S. 528 (EARLIER S. 482 CrPC) — QUASHING OF FIR AND CHARGESHEET — BHARAT LAL PRINCIPLES APPLIED

Where allegations, even if taken at face value, do not constitute any offence, and continuation of prosecution would be a gross abuse of process, powers under S. 528 BNSS (akin to S. 482 CrPC) may be exercised. Present FIR and Chargesheet do not disclose ingredients of Ss. 376, 376(2)(n) or 507 IPC. Quashing justified. (Paras 39–41)

OUTCOME

Appeal allowed. High Court’s order set aside. FIR No. 294/2024 and Chargesheet No. 143/2024 quashed. Appreciation recorded for Amicus Curiae; honorarium directed. (Paras 41–42)