‘Consensual adulterous relationship from its inception does not amount to rape’: Allahabad HC

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'Consensual adulterous relationship from its inception does not amount to rape': Allahabad HC



Allowing a petition filed by one Shrey Gupta, Justice Anish Kumar Gupta quashed the criminal proceedings against the petitioner pending before the court at Moradabad.The petitioner was booked for rape on a complaint by a woman.In her FIR lodged at Mahila Thana at Moradabad, the woman had alleged that the petitioner had established physical relationship with her under the pretext of marriage after the death of her husband.She claimed that Gupta had repeatedly promised to marry her but later broke the promise and got engaged to another woman.She also accused him of extortion, alleging that Gupta demanded Rs 50 lakh to prevent the release of a video showing their intimate encounters.Based on her allegations, the trial court took cognizance of charge sheet dated August 9, 2018 filed against the petitioner under section 376 (rape) and section 386 (extortion) of the IPC.However, the accused moved the high court under section 482 (inherent powers of high court) under the code of Criminal Procedure (CrPC), seeking to quash the charge sheet and the entire criminal proceedings.



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