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Shambhu Kharwar vs The State Of Uttar Pradesh on 12 August, 2022

4. The learned counsel appearing for the petitioner would vehemently contend that the very registration of crime is contrary to law as it was a consensual act of having sex between the complainant and the petitioner on several occasions. Though the petitioner was married, the act of having sex was not on account of promise of marriage but it was purely consensual between the complainant and the petitioner. He would further contend that merely because the complainant belongs to Scheduled Caste/Scheduled Tribe, the offences under the Act are also laid against the petitioner. He would submit that permitting further proceedings would be contrary to the judgment of the Apex Court in the case of DR. DHRUVARAM MURLIDHAR SONAR v. STATE OF 5 MAHARASHTRA1 and SHAMBU KHARWAR v. STATE OF UTTAR PRADESH2 as also judgments rendered by this Court following afore-quoted judgments of the Apex Court. He would seek quashment of entire proceedings.
Supreme Court of India Cites 19 - Cited by 112 - D Y Chandrachud - Full Document

Dhruvaram Murlidhar Sonar vs The State Of Maharashtra on 22 November, 2018

4. The learned counsel appearing for the petitioner would vehemently contend that the very registration of crime is contrary to law as it was a consensual act of having sex between the complainant and the petitioner on several occasions. Though the petitioner was married, the act of having sex was not on account of promise of marriage but it was purely consensual between the complainant and the petitioner. He would further contend that merely because the complainant belongs to Scheduled Caste/Scheduled Tribe, the offences under the Act are also laid against the petitioner. He would submit that permitting further proceedings would be contrary to the judgment of the Apex Court in the case of DR. DHRUVARAM MURLIDHAR SONAR v. STATE OF 5 MAHARASHTRA1 and SHAMBU KHARWAR v. STATE OF UTTAR PRADESH2 as also judgments rendered by this Court following afore-quoted judgments of the Apex Court. He would seek quashment of entire proceedings.
Supreme Court of India Cites 17 - Cited by 254 - S A Nazeer - Full Document
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