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    <title>2018 (11) TMI 1915 - Supreme Court</title>
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    <description>A consensual relationship between adults does not amount to rape under Section 376(2)(b) IPC unless the promise to marry was false from the inception and used only to secure sexual access; on the pleaded facts, the complainant entered the relationship consciously, so no prima facie rape case was made out. The FIR also lacked a specific factual basis for cheating under Section 420 IPC or for the caste-based offence under Section 3(1)(x) of the SC/ST Act, so the essential ingredients of those offences were absent. In these circumstances, continuation of the prosecution would be an abuse of process and quashing under Section 482 CrPC was justified.</description>
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    <pubDate>Thu, 22 Nov 2018 00:00:00 +0530</pubDate>
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      <title>2018 (11) TMI 1915 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=304421</link>
      <description>A consensual relationship between adults does not amount to rape under Section 376(2)(b) IPC unless the promise to marry was false from the inception and used only to secure sexual access; on the pleaded facts, the complainant entered the relationship consciously, so no prima facie rape case was made out. The FIR also lacked a specific factual basis for cheating under Section 420 IPC or for the caste-based offence under Section 3(1)(x) of the SC/ST Act, so the essential ingredients of those offences were absent. In these circumstances, continuation of the prosecution would be an abuse of process and quashing under Section 482 CrPC was justified.</description>
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      <pubDate>Thu, 22 Nov 2018 00:00:00 +0530</pubDate>
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