Penal Code, 1860–Secs. 376 & 450–Cognizance for the offence–Sustainability–As per contents of FIR, both the parties met through facebook–Petitioner developed the physical relations by going to the home of prosecutrix–Transaction of money was also taken place between the parties–Prosecutrix took part in the family functions of petitioner–She is a divorced lady, having a son, aged 14 years–Case comes in the category of consensual relationship–It cannot be said that the petitioner-accused developed the relations on the pretext of the false promise of marriage–Order of taking the cognizance is liable to be set aside.
