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Yogesh Kumar Sharma & Anr. vs. State of Rajasthan & Ors.

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Penal Code, 1860–Secs. 376 & 376D–Cognizance for the offence–Sustainability–Petitioner and respondent no. 2 decided to live with each other, however, after the marriage, the respondent no. 2 decided to leave the company of petitioner–She was free from the clutches of petitioner at least from 07.07.2018–No Explanation for causing the delay till 10.09.2018 in lodging the FIR–She did not make any statement of coercion or undue influence before the Court in the petition u/s. 482 nor before the Magistrate–She suppressed the fact before the Magistrate that she had already entered into love marriage with the petitioner–Serial of incidents at the different stages shows that she was deliberately in consensual relations with the petitioner–Proceedings suffer from malice to wreak vengeance–Quashed.