goes to show that the sexual relation was not
forcible but was consensual.
6. According to the appellant, the complainant being aggrieved by the
grant ... credibility of
these allegations as it appears to be a case of consensual relationship,
the appellant approached the Bombay High Court seeking quashing
Dlf Limited vs Pnb Housing Finance Limited & Ors. on 22 March, 2024
Author: Sachin
petition.
4. The learned counsel appearing for the petitioner
submits that a consensual relationship between the two for two
and a half years ... petitioner
should be permitted to be tried on such acts, which are
consensual and on the promise of marriage or its breach. The
issue need
record, it is crystal clear that the informant was having a continuous consensual physical relationship with the applicant for about 12-13 years. Even when ... applicant submits that by no stretch of imagination such an alleged continuously consensual physical relationship would amount to rape within the meaning of Sections
that the acts between accused No.1 and the complainant were
all consensual and on alleged promise of marriage or otherwise.
Therefore, the offence ... rape cannot be met on the score that
consensual acts between accused No.1 and the complainant
would not amount to a rape or cheating
that none of the above
factors are true. The relationship was completely consensual and
whatever happened has happened not for a day, but for over ... there was no
promise of marriage between the two; it was only consensual
relationship. It is his further submission that the complainant
herself began
marry and intended to
lead marital life.
(b) Where after elopement and consensual sex over a period of
time, the victim and the accused/offender ... marriage.
(c) Where accused on the pretext/promise of marriage, had
consensual sex with the victim over a period of time but when
the victim
petitioner as well as the First Information Statement to
contend that consensual relationship and consequential
sexual intercourse had given the colour of non-bailable
offences ... defacto complainant, which continued for a
period of 7 years, is purely consensual and as such the
offence of rape would not attract, so also
judgments of the Apex
Court on the issue, as to indulging in consensual acts of sexual
intercourse on the promise of marriage, would become ... delineated the inter-play between the offence of
rape and a consensual sexual relationship, both on the false
promise of marriage and breach of promise
they met till the date of registration
of the crime were all consensual, but never on a promise of
marriage. The complainant was already married ... there is no crime that is made for offence of
rape on consensual acts.
5. Learned counsel for the 2nd respondent submits that
the respondent
