Indian Penal Code, 1860
Sections 376, 376(2)(n), 377, 504 & 506—Offence of rape and criminal intimidation—Petition to quash proceedings—Plea of consensual relationship—A relationship between two adult individuals does not justify sexual assault by one on his partner—FIR also narrates various offending acts alleged to have been committed by petitioner vis-à-vis complainant—Complainant alleges instances where the petitioner has forcibly and without her consent established sexual relationship with her—Allegations in the FIR prima facie constitute commission of alleged offences—Defense of petitioner cannot be tested at this stage—High Court cannot hold a mini-trial in its extraordinary writ jurisdiction—Petition dismissed. [Criminal Procedure Code, 1973, Section 482]
[Paras 8, 9 & 13]
Decision : Petition dismissed