Penal Code, 1860 – ss. 376 (2)(n) and 506 – Punishment for committing rape repeatedly on the same woman – Punishment for Criminal intimidation – Complainant’s case against the appellant alleging rape on false pretext of marriage; and that the appellant assured that he would marry her and take care of her daughter if she divorced her husband – However, the appellant refused to marry – Registration of FIR u/ss. 376 (2) (n) and 506 – Petition for quashing of FIR by the appellant – Dismissed by the High Court – Correctness :

Held: From the contents of the complaint, on the basis of which FIR was registered and the statement recorded by the complainant, it is evident that there was no promise to marry initially when the relations between the parties started – In any case, even on the dates when the complainant alleges that the parties had physical relations, she was already married – She falsely claimed that divorce from her earlier marriage took place in 2018 – However, the fact remains that decree of divorce was passed two years later – Complainant was a grown up lady about ten years elder to the appellant – She was matured and intelligent enough to understand the consequences of the moral and immoral acts for which she consented during subsistence of her earlier marriage – In fact, it was a case of betraying her husband – Furthermore, the prosecutrix admitted that even after the appellant shifted to other State for his job, he used to come and stay with the family and they were living as husband and wife – Also appellant’s stand that he had advanced loan to the prosecutrix which was not returned back – Thus, not a case where the prosecutrix had given her consent for sexual relationship with  the appellant under misconception – Impugned order passed by the High Court set aside – FIR registered u/s. 376(2)(n) and 506 and all subsequent proceedings thereto quashed. [Paras 8, 9.1, 10]