There Can’t Be Promise Of Marriage To A Married Lady: Karnataka High Court Quashes Rape Case

The Karnataka High Court has quashed a rape case filed by a married woman who projected herself to be divorced on ‘Bumble’, a dating app.

The Court was dealing with a Criminal Petition preferred by the accused against the proceedings in a case registered for the offence punishable under Sections 376, 420, and 506 of the Indian Penal Code (IPC).

A Single Bench of Justice M. Nagaprasanna remarked, “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.”

Advocate Baby Balan represented the Petitioner while High Court Government Pleader (HCGP) Rashmi Patil and Advocate Ananya M.L. represented the Respondents.

In this case, the Petitioner and the Respondent/Complainant were said to be in a relationship, physical as well. The relationship was said to be on the promise of the Petitioner getting married to the Complainant. The breach of promise of marriage led the Complainant to register the Complaint against the Petitioner. The Police conducted investigation and filed a charge sheet. Hence, the Petitioner knocked the doors of the High Court.

The counsel for the Petitioner submitted that the acts from the date they met till the date of registration of the crime were all consensual, but never on a promise of marriage. It was further contended that the Complainant was already married and had projected herself to be a divorced lady on Bumble app and therefore, when the Petitioner came to know the fact that she was not yet divorced, had breached the said promise.

The High Court in the above regard, observed, “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 said that, if further proceedings against the Petitioner are not obliterated, it would, on the face of it, become an abuse of the process of law and result in miscarriage of injustice.

Accordingly, the High Court allowed the Criminal Petition and quashed the proceedings against the Petitioner.

Cause Title- Akhil Thomas v. The State of Karnataka & Anr. (Neutral Citation: 2024:KHC:48393)

Click here to read/download the Judgment