The judgment, authored by Justice Singh, stated that the decade-long physical relationship, maintained without consistent protest or objection, suggested consensual involvement rather than coercion. “It was implausible that the complainant could have continued the relationship for nine years under a mere promise of marriage, without any evidence of deception at the outset,” the SC said.Primarily, the Bombay High Court had rejected Khare’s writ petition seeking quashing of an FIR filed against him under charges of rape, cheating, Section 504 (Intentional insult), and Section 506 (Criminal intimidation) of the IPC. Khare then moved the apex court and filed an appeal seeking quashing of the High Court order.Coming to the rescue of Khare, the apex court said, “If criminality is to be attached to such prolonged physical relationships at a very belated stage, it can lead to serious consequences. It will open the scope for imputing criminality to such long-term relationships after they turn sour, as such an allegation can be made even at a belated stage to drag a person into the juggernaut of stringent criminal processes. There is always a danger of attributing criminal intent to an otherwise disturbed civil relationship, of which the Court must also be mindful.”
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