Crl.A. No. 001692 / 2024

YOGENDRA DIGAMBAR SAINDANE vs THE STATE OF MAHARASHTRA
Status
DISPOSED
Judges
HON'BLE MR. JUSTICE C.T. RAVIKUMAR and HON'BLE MR. JUSTICE RAJESH BINDAL
Order Date
19-03-2024
Filed On
17-03-2020 12:00 AM
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AI Summary

Where a prosecutrix, being a mature married woman, engages in consensual physical relations with an accused on multiple occasions without any forceful act or misconception of fact, the FIR alleging offences under Sections 376 and 417 IPC is liable to be quashed under Section 482 CrPC, as an acknowledged consensual physical relationship cannot constitute rape, and mere breach of a promise to marry, absent fraudulent or dishonest inducement from the inception, does not satisfy the ingredients of cheating.

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