Case Note & Summary
The petitioner, a police constable, sought quashing of criminal proceedings under Section 482 Cr.P.C. pending in S.C.No.1316/2023 for offences under Sections 323, 376, 417 and 506 IPC. The prosecution case emerged from an incident in October 2019 when the complainant approached the police station regarding a dispute with her house owner. The petitioner, on duty, took her mobile number, and their interaction gradually developed into a romantic and sexual relationship that lasted until January 2022. The complainant alleged that the petitioner had promised to marry her and take care of her and her three children, and on that assurance, she consented to sexual intercourse. She further alleged that she became pregnant three times and was forced to undergo abortions, and that the petitioner assaulted and threatened her. When she learned that the petitioner’s family was arranging his marriage to another woman, she filed a private complaint under Section 200 Cr.P.C. The court referred the matter for investigation under Section 156(3), leading to registration of Crime No.80/2022 and a charge sheet. The petitioner contended that the relationship was entirely consensual, that a promise of marriage to a woman already married with children was inconceivable, and that the complaint was a afterthought triggered by his impending marriage to someone else. The State and the complainant argued that the charge sheet detailed the offences and a trial was necessary. The High Court examined the complaint and charge sheet and noted that the complainant was married with three children at all material times. It reasoned that a promise of marriage could not have been made to an already married woman, and therefore the consent for sexual intercourse could not be said to be based on a misconception of fact. The court held that essential ingredients of rape and cheating were not satisfied, and the continuation of proceedings would be an abuse of process. The petition was allowed and the proceedings quashed.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 482, Code of Criminal Procedure, 1973 - Exercise of inherent powers to prevent abuse of process - The court considered whether the complaint and charge sheet disclosed offences under Sections 323, 376, 417 and 506 of the Indian Penal Code, 1860. The complainant, a married woman with three children, alleged that the accused, a police constable, had sexual intercourse with her on a false promise of marriage over three years. The court found that the complainant’s marital status made a promise of marriage inherently improbable, and the sexual relationship was consensual. Held that no prima facie case was made out, and the proceedings were liable to be quashed to prevent abuse of process (Paras 3-8).
Issue of Consideration
Whether the allegations in the complaint and charge sheet make out a prima facie case for offences under Sections 376, 417, 323, 506 IPC, or whether the relationship was consensual and the proceedings are an abuse of process, warranting quashing under Section 482 Cr.P.C.
Final Decision
The petition is allowed; the proceedings in S.C.No.1316 of 2023 pending before the LIII Additional City Civil and Sessions Judge, Bengaluru City, arising out of Crime No.80 of 2022 for offences under Sections 323, 376, 417 and 506 IPC, are quashed.
Law Points
- For rape under Section 376 IPC based on false promise of marriage
- the promise must have been made in bad faith from inception
- Consent given under misconception of fact under Section 90 IPC requires the promise to be inherently false from the start
- A married woman with children cannot claim a promise of marriage to vitiate consent for sexual intercourse
- Section 482 Cr.P.C. inherent powers used to prevent abuse of process when allegations do not constitute the offence alleged
Case Details
2025 LawText (KAR) (10) 1
Criminal Petition No. 11014 of 2024
Smt. Abhinaya K., Sri B.N. Jagadeesha, Sri Mohan Kumar D.
State of Karnataka by Mahadevpura P.S. and Ms. XXXXX
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Nature of Litigation
Criminal petition under Section 482 Cr.P.C. seeking quashing of charge sheet and proceedings for offences under Sections 323, 376, 417, 506 IPC.
Remedy Sought
Petitioner seeks quashing of proceedings in SC No. 1316 of 2023 pending before the LIII Additional City Civil and Sessions Judge, Bengaluru City.
Filing Reason
Petitioner alleges that the complainant has filed a false case projecting a consensual relationship as rape based on a false promise of marriage.
Previous Decisions
Charge sheet was filed and committed to Sessions Court; no previous inter partes decisions mentioned.
Issues
Whether the allegations in the complaint and charge sheet make out a prima facie case for offences under Sections 376, 417, 323, 506 IPC.
Whether the relationship was consensual and whether consent was vitiated by a false promise of marriage given the complainant's marital status.
Whether the criminal proceedings amount to abuse of process and deserve to be quashed under Section 482 Cr.P.C.
Submissions/Arguments
Petitioner argues that the relationship was purely consensual; the complainant was married with three children, making a promise of marriage impossible; the relationship lasted three years and the complaint was filed only when the petitioner's family sought to get him married to another woman; the petitioner is unjustly imprisoned.
Respondent complainant argues that the petitioner assured marriage and to take care of her children, which led her to consent to sexual intercourse; the charge sheet contains detailed allegations and a trial is necessary.
State argues that the charge sheet is comprehensive and a trial must proceed to determine the truth.
Ratio Decidendi
When a complainant is a married woman with children, any promise of marriage by the accused becomes inherently improbable, and consent to sexual intercourse cannot be said to be obtained under a misconception of fact. Consequently, the essential ingredients of rape under Section 376 IPC and cheating under Section 417 IPC are not satisfied, and the criminal proceedings amount to abuse of process, warranting quashing under Section 482 Cr.P.C.
Judgment Excerpts
It is the case of the prosecution that in the month of October, 2019 a dispute had arisen between the complainant/2nd respondent and her house owner in respect of refund of advance amount paid towards lease of the house.
The complainant is vivid with regard to the relationship between the two for three years and offence of cheating, as there was breach of promise of marriage, assault and criminal intimidation.
The learned counsel appearing for the petitioner Smt. K. Abhinaya would vehemently contend that a pure consensual relationship between the two is projected to become an offence of rape.
Procedural History
In October 2019, the complainant approached the police station regarding a dispute with her house owner; the petitioner, on duty, took her mobile number. The relationship between them developed and continued for three years. On 15-01-2022, the complainant filed a private complaint under Section 200 Cr.P.C. alleging offences under Sections 420, 376, 323, 506 IPC. The court referred the matter for investigation under Section 156(3) Cr.P.C., and Crime No.80/2022 was registered at Mahadevapura Police Station. The police filed a charge sheet in C.C.No.54482 of 2023 for offences under Sections 323, 376, 417, 506 IPC, which was committed to the Court of Sessions and numbered S.C.No.1316/2023 before the LIII Additional City Civil and Sessions Judge, Bengaluru. The petitioner filed Criminal Petition No.11014 of 2024 under Section 482 Cr.P.C. seeking quashing of the said proceedings. The High Court heard the matter and reserved orders on 09.09.2025, and pronounced the order on 25.10.2025, allowing the petition and quashing the proceedings.
Acts & Sections
- Indian Penal Code, 1860: 323, 376, 417, 506, 420
- Code of Criminal Procedure, 1973: 156(3), 200, 482
