Rajkumar vs State Of Karnataka SLP(Crl) 6279 Of 2024 – Refused To Quash Rape Case

Indian Penal Code, 1860; Section 375 – Supreme Court refused to quash a rape case by observing thus: It cannot be held that the FIR does not disclose any offence. The allegations cannot be held to be inherently improbable, which is one of the grounds for quashing an FIR – we do not think the relationship had remained consensual to justify quashing of the criminal complaint at the threshold.A relationship may be consensual at the beginning but the same state may not remain so for all time to come. Whenever one of the partners show their unwillingness to continue with such relationship, the character of such relationship at it was when started will not continue to prevail. In the instant case, we do not think the relationship had remained consensual to justify quashing of the criminal complaint at the threshold. [Distinguished Shambhu Kharwar vs. State of Uttar Pradesh 2022 INSC 827 ]

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