The Karnataka High Court has quashed a criminal case accusing a Bengaluru advocate of rape and cheating, holding that a long-term relationship based on mutual consent cannot later be turned into a criminal offence merely because it did not end in marriage. The court said criminal law cannot be used to punish a failed relationship.
Justice M. Nagaprasanna passed the order while allowing two connected petitions challenging an FIR registered by the Byadarahalli Police in December 2024.
Background of the Case
The case arose from a complaint filed by a 34-year-old woman who alleged that the accused advocate had maintained a physical relationship with her for nearly two years on the promise of marriage and later backed out. She also named two of his relatives in the FIR.
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According to the complaint, the woman came in contact with the accused in 2022 when he represented her in a cheque bounce case. Their professional interaction later turned personal, and the two developed a close relationship. She claimed that the accused promised to marry her and repeatedly visited her home, leading to a physical relationship.
When the accused allegedly began avoiding her calls and his family started searching for another bride, the woman approached the police. The FIR invoked several serious provisions of the Bharatiya Nyaya Sanhita (BNS), including rape, cheating, criminal intimidation, and causing miscarriage.
Arguments Before the Court
Counsel for the accused argued that the complaint was a misuse of criminal law. He pointed out that the complainant had been married twice earlier and had children from previous relationships. The defence said the relationship, even if accepted at face value, was entirely consensual and between two adults.
The prosecution and the complainant opposed the plea, arguing that investigation should be allowed to continue and that consent was obtained on the false promise of marriage.
Court’s Observations
After examining the complaint and the material on record, the court noted that the relationship continued for nearly two years without any immediate protest or complaint.
“The narration in the complaint itself indicates a consensual relationship between two adults,” the bench observed, adding that consent does not automatically disappear because a promise of marriage is not fulfilled.
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Justice Nagaprasanna relied on a long line of Supreme Court judgments which draw a clear distinction between rape and consensual sex. The court reiterated that for a sexual relationship to amount to rape on the ground of false promise, it must be shown that the promise was dishonest from the very beginning.
“Mere failure to marry, however painful, cannot convert a consensual relationship into an offence of rape,” the court said.
The judge also expressed concern over a growing trend where broken relationships are given a criminal colour. Such misuse, the court said, not only burdens the justice system but also causes irreparable damage to the accused.
Decision
Holding that the FIR did not disclose the essential ingredients of rape or other criminal offences, the Karnataka High Court quashed Crime No.789/2024 in its entirety. The proceedings pending before the Chief Judicial Magistrate, Bengaluru Rural District, were also set aside.
The court concluded that allowing the prosecution to continue would amount to an abuse of the process of law and interfere with the ends of justice.
Case Title:- XXX vs. The State of Karnataka & Anr.
