Chief Justice of India SA Bobde asked about the cancellation of an FIR on rape charges by falsely promising marriage in a case, “When two people are living as husband and wife, even though the husband is cruel, then Can a sexual relationship between them be called rape? “ The petitioner came up to the SC, affirming that there was a consensual sexual relationship between them. She claimed that the FIR was lodged on behalf of the woman after a bit of bitterness in their relationship.
Chief Justice of India S.A. Bobde asked in one case regarding the cancellation of an FIR on rape charges by falsely promising marriage, “When two people are living as husband and wife, even though the husband is cruel, is there any sexual intercourse between them?” -Can a relationship be called rape? The petitioner came up to the SC, affirming that there was a consensual sexual relationship between them. She claimed that the FIR was lodged on behalf of the woman after a bit of bitterness in their relationship. The Supreme Court asked the accused of rape; Protecting from arrest, the bench, comprising Justices AS Bopanna and V. Ramasubramanian, was unwilling to consider the plea to quash the FIR. The Bench, however, allowed the petitioner to withdraw his petition with the freedom to apply for discharge. However, the bench stayed his arrest for 8 weeks.
During the hearing, Advocate Aditya Vashistha appealed for the respondent-complaint before the Bench stating that the petitioner lived with the woman promising marriage and brutally beat her. He also showed a medical certificate of injuries on the woman’s body.
