The High Court · 2025

Prosecutor, High Court for State of Tetangana at Hydbra6ad. 2 Erupula Sirisha, D/o. E.Krishna. aqed about 23 Vears. Caste. SC lr,4adioa. Occ. Private Job, R/o. Piot No 202, parvathapuiam, lr,4alkajgiri District. ...Respondent Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to quash the proceedings in Cr.No..1460 ot 2024, dated. 1811212024 at S.H.O., Medipally Police station on the file of the principal Junior Civil Judge-Cum lV Additional lvletropolitan l\,4agistrate court, Ivledchat tvlalkajgiri Disirict, at L.B.Nagar, against the Petitioner /Accused. l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to stay all further proceedings in Cr.No.1460 of 2024, dated. 1g-12_ 2024 at S.H.o., lr/edipally Police station on the fite of the principal Junior civil Judge-Cum lV Additional Ir4etropolitan lr,4agistrate Court, Medchal Malkajgiri District, at L.B.Nagar, against the Petitioner /Accused including the personal appearance of the Petitioner Accused, pending disposal of the criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri BAGLEKAR AKASH KUMAR, Advocate for the petitioner and the [4s Shalini Saxena, Assistant Public Prosecutor on behalf of the Respondent No.1 and of Sri K.Narayan Rao, Advocate for the Respondent No.2_ The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.236 ot 2O25 ORDER: This criminal petition is filed seeking to quash the proceedings against the petitioner in Crime No.1460 of 2024 on the file of lMedipally Police Station, Rachakonda District, registered for the offences under Sections 64(1), 318(2) and 31B(4) of Bharatiya Nyaya Sanhita ,2023 (for short 'BNS')

2. Heard lt/r. Baglekar Akash Kumar, learned counsel for the petitioner and lr/ls.Shalini Saxena, learned Assistant Public Prosecutor for the respondent No.1-State and fiilr. K Narayan Rao, learned counsr:l for the respondent No.2.

3. Leai'ned counsel for the petitioner has submitted that the petitioner and the respondent No.2-de facto complainant had a consensual relationship and that the Apex Court has reiterated many a times that in cases of consensual relationship the allegation of rape cannot be attributed. He further submitted that the respondent No.2 herein is a matured lady, who entered into a consensual relationship arrd has subsequently, lodged this complaint on false allegations. He, therefore, prayed to quash the proceedings against thtr petitioner. ..-'-' 2 ETD,J Crl.P. No.236 of 2O2S

4. Learned counser for the respondent No.2 has fired counter opposing the petition. She submitted that the responoent No.2 has resisted entering into the relationship, but the petitioner has convinced that he would marry her and then developed physical acquaintance with her and therefore, she prayed to dismiss the petition

5. Perused the record

6. The record discloses that the petitioner developed acquaintance through lnstagram with the de facto comprainant and that their friendship advanced and he made a promise that he wourd marry her and won her confidence and subsequenfly, when nobody was there at her home, he went there and took her to Suprabhat Township and has forcibly entered into physical relationship with her' subsequenily, he stopped tarking to her and when she questioned him, he has threatened her. Thus, the allegations do point out that on promise of marriage, the physical relationship was developed.

7. The contention of the learned counsel for the petitioner is that to attract the offence under Section 64, the absence of consent ,/ J ETO,J C .P. No.236 of 2025 must be there. But, in the present case, it rvas consensual relationship and hence, the same does not attract 8 For the sake of convenience, Sections 64 and 69 of BNS are extracted hereunder "64. Punishment for Rape (1)\l/hoever, except in the cases provided for in sub-section (2), cornn]its rape, shall be punished wrth rigorous imprrsonment of either descflptron for a term whrch shall not be less than ten years, but'rhrch may extend to rmprisonment for life. and shali also be |abl,l to fine (2) \rvhoever, (a) t,erng a police offrcer, commits rape,- ( ) withrn the lmits of the poltce station to \,'r'hlch such pollce c)fficer rs appointed, or ( ) in the premises of any station house, or (iri) on a Woman in such police officeis custooy or in the (:ustodv of a police officer subordinate to such police officer; or (b) reing a public servant, commits rape on a wor]an in such public servant's custody or in the custody of a public seruant subordinate to such public servant or (c) being a member of the armed forces deployed in an area by the Central Government or a State Government commits rape in such area, or (d) 3elng on the management or on the staff of a jail, remand hom e or other place of custody established by or under any law lor the t me berng in force or of a women s or children s lnstltutlon. cornmits rape on any inmate of such jail, remand home, place or institution. or (e) i)eing on the management or on the staff oF a hospital, comrnits rap€r on a woman in that hospital; or (f) being a relative guardian or teacher of, or a person in a position of trust or authoflty towards the woman, commits rape on such won]an, or (g) commits rape during communal or sectarian violence, or (h) oommits rape on a woman knowing her to be pregnant, or (i) crmmits rape on a woman incapable of giving consent, or I l 4 ETD,J Crl-P. No.236 of 2025 -qB - O being in a position of control or dominance over a woman, commits rape on such woman: or (k) commits rape on a woman suffering from mental or physical disab{lrty, or (l) while committing rape causes grievous bodily harm or maims or drsfigures or endaongers the life of a woman; or (m) commits rape repeatedly on the same woman. shall be punished wrth rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, whrch shall mean imprisonment for the remarnder of that person's natural life, and shall also be llable to fine."

59. Sexual intercourse by employing deceitful means, etc.: - Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual rntercourse with her, such sexual ntercourse not amounting to the offence of rape, shall be punished with impnsonment of either description for a term which may extend to ten years and shall also be liable to fine.

9. The investigation of the case is still in progress. The truth needs to be unraveled either during the course of investigation or during the course of trial whichever the case may be. Depending on the material collected, the police or the court may alter the section of law and look into the allegations as per the material available. Therefore, it is not proper to interfere with the proceedings at this stage. 'l 0. Hence, the Criminal Petition is dismissed. [Viscellaneous Petitions pending, if any, shall stand closed. S d/- A. SREENIVASA REDDY ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, l.ThePrincipalJuniorcivilJudge-cumlvAdditionalMetropolitanlvlagistrate . 2,.J-!e S-tatig Lrgu.se Offi'c-er, lr/edipallv Police Station' Rachakonda Court, lvledchal tr/alkaiqiri District' at L B Nagar' t i ! I

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. One CC to liri Baglekar Akash Kumar, Advocate [OPUC] 5 One CC to l3ri K.Narayan Rao, Advocate [OPUC] 6 Two CD Cooies NVI} I)I- ,ilv ! HIGH COUR.T DATED:1511012025 \ \ ORDER CRLP.No.236 of 2025 tt S14 1 ( O O i'iir. 1t ofl 2trl5 il' i ,al-1 DISMISSING THE CRIMINAL PETITION "6\rr \