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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
T.M.NADAF: J
Kalavati, W/o. Srimanth – Appellant
Versus
State of Karnataka, Through Kalaburagi Sub-Urban Police Station, Represented By Addl. SPP, High Court of Karnataka, Kalaburagi Bench – Respondent
ORDER :
(T.M. NADAF, J.)
This petition is filed by the petitioners seeking to quash the proceedings in Crime No.372/2023 registered by Sub- Urban Police Station, Kalaburagi City, for the offences punishable under Sections 376 (2)(n), 109 , 420 read with Section 149 of IPC . The police having completed the investigation, filed charge-sheet, which is now committed to the Sessions Court and pending in S.C.No.17/2025 on the file of the V Additional District and Sessions Judge, Kalaburagi for the offences punishable under Sections 376 (2)(n) and 109 read with Section 149 of IPC . Though the offence under Section 420 of IPC was registered while filing of the FIR, the same has been dropped while filing charge-sheet.
2. The factual matrix leading to the prosecution case are as under:
The complainant/victim was working as a Staff Nurse at Bengaluru. She developed physical intimacy with the accused No.1 who is her relative. She filed a complaint against the accused on 25.12.2023 which reads as under:
3. As per the averments alleged in the complaint, the accused No.1 on a promise of marriage had sexual intercourse with the complainant and subsequently he denied to marry her. As could be seen from
Prosecution cannot proceed against individuals absent specific allegations; mere familial ties do not implicate individuals in criminal conduct.
Consent in consensual relationships invalidates allegations of rape; merely non-fulfilling marriage promises does not constitute a crime when prior consent for sexual interactions is established.
In consensual relationships, false allegations do not constitute a criminal offence, and prosecution aimed at coercion is an abuse of the process of the court.
A breach of promise to marry does not constitute rape unless it can be proven that the promise was made with intent to deceive from the outset.
Consensual relationships cannot be classified as rape simply due to a breach of promise to marry; criminal liability requires clear evidence of bad faith or deceit by the accused.
The court found that allegations of cheating were unfounded as the complainant misrepresented her marital status while the relationship was consensual, reinforcing the principle that misuse of legal ....
The court may quash criminal proceedings when a settlement exists between parties, and continuing prosecution would lead to an abuse of process.
Cheating – Long duration of physical relationship between partners without protest and insistence by female partner for marriage, would be indicative of a consensual relationship.
The court ruled that failure to marry after a consensual relationship does not invalidate consent, and the mere disappointment in relationships cannot lead to criminal liability.
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