Indian Penal Code, 1860
Section 376—Rape—Petition to quash proceedings—Quashment of criminal proceedings can be resorted to when the prosecution materials do not constitute materials to attract the offence alleged to be committed—Once it is established that criminal proceedings initiated maliciously with ulterior motive, the criminal proceedings are liable to be quashed—De facto complainant filed affidavit stating that entire dispute has been settled between accused and de facto complainant—Going by materials on merits, false implication for the purpose of getting back the money could be gathered—Even otherwise, the relationship, if any, is to be held as consensual one, since the promise of marriage from a married man, having wife and children, is a matter of serious concern—In an exceptional case, even criminal proceedings alleging commission of offence punishable under Section 376 of IPC also to be quashed—Petition allowed.
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