Indian Penal Code, 1860
Section 376(2)(n) & 506—Rape and criminal intimidation—Petition to quash FIR—Prosecutrix on the date of developing physical relations with petitioner was a married lady and physical relations developed between them in the-then existing facts can be considered that it was consensual relationship—No consent obtained by the accused/petitioner on the basis of misconception of fact—Offence under Section 376 of IPC is not made out—Fit case, in which the FIR can be quashed on ground that if the facts mentioned in the FIR are considered to be true at their face value even though the offence of Section 376 is not made out because the existing facts do not fulfill the requirement of Section 375 of IPC so also the requirement of Section 90 of IPC of consent—FIR quashed.
[Paras 9 & 16]