YOGENDRA DIGAMBAR SAINDANE v. THE STATE OF MAHARASHTRA

Primary Holding

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.