No Promise To Marriage For A Married Lady : Karnataka High Court Quashes Rape Case
The Karnataka High Court has dismissed a rape case filed by a married woman who had presented herself as divorced on the dating app ‘Bumble.’ The case was initially registered under Sections 376, 420, and 506 of the Indian Penal Code (IPC). The Court heard a Criminal Petition filed by the accused, challenging the proceedings of the case. Justice M. Nagaprasanna, in his remarks, stated, “If the contents of the complaint and the summary of the charge sheet are read in tandem, what would unmistakably emerge is, obliteration of the crime against the petitioner, for the reason that the complainant was already married and the marriage was still subsisting at the time when she projected herself to be a divorced lady without a divorce actually happening. Therefore, there cannot be promise of marriage held on to a lady, who was already married.”
The Petitioner was represented by Advocate Baby Balan, while High Court Government Pleader Rashmi Patil represented the Respondents. The case involved a relationship between the Petitioner and the Respondent/Complainant, including physical interactions. The Complainant alleged that the relationship was based on the promise of marriage from the Petitioner. Following the breach of this promise, the Complainant filed the case. After an investigation and charge sheet by the Police, the Petitioner approached the High Court. The Petitioner’s counsel argued that all interactions between them, from their initial meeting to the time the case was filed, were consensual and not based on any promise of marriage. Additionally, it was claimed that the Complainant, who was already married, had presented herself as divorced on the Bumble app, and once the Petitioner discovered that she was not divorced, the promise was deemed violated.
In response, the High Court noted, “The other acts alleged are all consensual acts. On such consensual acts in a relationship between the petitioner and the respondent cannot become the offence of rape as obtaining under Section 376 of the IPC.” The Court emphasized that continuing the proceedings against the Petitioner would constitute an abuse of legal process and result in an unjust outcome. Consequently, the High Court granted the Criminal Petition and quashed the proceedings against the Petitioner.
Cause Title: Akhil Thomas v. The State of Karnataka & Anr.
Date: November-26-2024
Bench: Justice M. Nagaprasanna
[Read/Download order]
