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Amol Bhagwan Nehul vs. State of Maharashtra & Anr. (SC)

52.00 5.20

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Penal Code, 1860–Secs. 376, 376(2)(n), 377, 504 & 506 [Corresponding Secs. 64, 352 & 351(2), (3) of BNS, 2023]–Prayer to quash the proceedings–Rejected–Justification–Appellant and the complainant were already acquainted and they interacted frequently and fell in love–It cannot be said that the consent of the complainant was obtained against her will and merely on an assurance to marry–There is no material to substantiate “inducement or misrepresentation” on the part of appellant to secure consent of sexual relations without having any intention of fulfilling the promise–No evidence of coercion or threat of injury to the complainant–Respondent-complainant obtained the Khulanama from her earlier husband on 29.12.2022 and the alleged incident had already taken place–Appellant is aged 25 years, and has a lifetime ahead of him–Held, proceedings are liable to be quashed.