Case Note & Summary
The criminal petition was filed under Section 482 of Cr.P.C. seeking quashing of proceedings in C.C.No.109/2022 pending before JMFC-II, Shivamogga, arising from Crime No.114/2021. The petitioner, a Circle Inspector of Police, was accused by the second respondent/complainant, the wife of a police constable, of offences under Sections 376(2)(n), 342, 307, 355, 323, 368, 504, and 506 of the IPC. The complainant alleged that she came in contact with the petitioner in 2017, and an intimate physical relationship developed. She first filed a complaint in May 2021 alleging physical and sexual harassment, but later withdrew it after a truce and filed a memo stating she was not interested in pursuing the matter. Another complaint was registered on 21-09-2021 under Sections 504 and 506 IPC for threatening, which was also not pursued. Proceedings under Section 138 of the Negotiable Instruments Act initiated by the complainant resulted in the petitioner's acquittal. The present case arose from an incident on 11-11-2021, wherein the complainant alleged that the petitioner picked her up at 7:30 p.m., took her to a hotel, forcibly had sexual intercourse with her, assaulted her causing injuries, and then dropped her at a bus stop at 2:45 a.m. The complainant went to a hospital for treatment and lodged a complaint on 12-11-2021, leading to the registration of the crime and subsequent filing of a charge sheet. The petitioner contended that the sexual relationship was consensual from 2017 to 2022, and the allegations were vague, failing to meet the ingredients of the alleged offences. He relied on precedents that consensual acts cannot be termed rape. The complainant argued that consent was obtained by force, fraud, and deceit, as the petitioner, being a superior officer, exercised dominance over her husband, a constable, and she highlighted the wound certificate and witness statements as corroboration. The court narrated the sequence of events and observed the history of prior complaints and their outcomes, and began examining the complaint in the present case. The court reserved the matter for orders; the provided excerpt of the judgment does not include the final decision or ratio.
Issue of Consideration
Whether the proceedings in C.C.No.109/2022 for offences under Sections 376(2)(n), 342, 307, 355, 323, 368, 504, 506 IPC should be quashed, particularly considering whether the sexual relationship was consensual or obtained by force, fraud, or deceit, and whether it amounts to an abuse of the process of law.
Law Points
- Quashing of proceedings under Section 482 Cr.P.C.
- Consensual sexual relationship
- Ingredients of Section 376(2)(n) IPC
- Consent obtained by dominance or deceit
- Abuse of process of law
Case Details
2025 LawText (KAR) (01) 4
Criminal Petition No.3594 of 2022
P. Prasanna Kumar and Sandesh P. Nadiger for petitioner; Harish Ganapathi for R1; Rekha M. and H.C. Shivarama for R2
State of Karnataka and Smt. Xxxx
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Nature of Litigation
Criminal petition under Section 482 of Cr.P.C. seeking quashing of criminal proceedings
Remedy Sought
Petitioner seeks quashing of the FIR, complaint, charge sheet, and entire proceedings in C.C.No.109/2022 pending before JMFC-II, Shivamogga
Filing Reason
Petitioner claims the sexual relationship was consensual and the allegations constitute an abuse of process of law
Previous Decisions
Earlier crimes closed or withdrawn: Crime No.38/2021 ended with a 'B' report and closure after complainant's memo and Section 164 statement; Crime No.341/2021 pending investigation; proceedings under Section 138 NI Act resulted in petitioner's acquittal
Issues
Whether the allegations in the complaint and charge sheet make out the ingredients of the offences under Sections 376(2)(n), 342, 307, 355, 323, 368, 504, and 506 of the IPC, given the history of consensual relationship.
Whether the consent of the complainant was obtained by force, fraud, or deceit due to the dominance of the petitioner over her husband, thereby vitiating consent.
Whether the criminal proceedings are an abuse of the process of law and deserve to be quashed under Section 482 Cr.P.C.
Submissions/Arguments
Petitioner: The sexual relationship was consensual from 2017 to 2022; earlier complaints were withdrawn or not pursued; the complainant filed cases under Section 138 NI Act where petitioner was acquitted; allegations are vague and do not meet the necessary ingredients; reliance on Apex Court and High Court judgments that consensual acts cannot be rape.
Respondent/Complainant: Consent was obtained by force, fraud, and deceit; the petitioner, a Circle Inspector, exerted dominance over the complainant's husband, a constable; the wound certificate and witness statements corroborate physical assault; the relationship was based on false promises and inducements, though both parties were married, rendering the consent invalid.
Judgment Excerpts
It was a consensual act right from the year 2017 till 2022 and on those consensual acts, the complainant has gone on registering crimes.
Consent of the complainant to have sexual relationship by the petitioner was obtained by force, fraud and deceit as the husband of the complainant was a constable and the petitioner could yield dominance over the constable to get his wife into the fold of sexual relationship.
The relationship has turned sore.
Procedural History
1. 27-03-2021: Crime No.38/2021 registered under Sections 354(A), 376(c), 417, 504, 506 IPC; police filed a 'B' report; complainant filed a protest petition; a truce was reached, complainant filed a memo expressing no interest in pursuing the matter; statement recorded under Section 164 Cr.P.C. and complaint closed. 2. 21-09-2021: Crime No.341/2021 registered under Sections 504, 506, 34 IPC; investigation pending. 3. During the interregnum, proceedings under Section 138 NI Act initiated by complainant against petitioner; petitioner acquitted. 4. 11-11-2021: Alleged incident of forcible sexual intercourse and assault; complaint filed on 12-11-2021 leading to Crime No.114/2021 for offences under Sections 376(2)(n), 342, 307, 355, 323, 368, 504, 506 IPC. 5. After investigation, charge sheet filed, case registered as C.C.No.109/2022 before JMFC-II, Shivamogga. 6. Petitioner filed Criminal Petition No.3594/2022 under Section 482 Cr.P.C. before High Court of Karnataka seeking quashing of proceedings.
Acts & Sections
- Indian Penal Code, 1860: 376(2)(n), 342, 307, 355, 323, 368, 504, 506, 354(A), 376(c), 417
- Code of Criminal Procedure, 1973: 482, 164
- Negotiable Instruments Act, 1881: 138
