Case Note & Summary
The petitioner, Mr. Sampras Anthony, filed a writ petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 306/2024 registered at Konanakunte Police Station, Bengaluru, for the offence punishable under Section 64 of the Bharatiya Nyaya Sanhita, 2023 (rape). The FIR was based on a complaint by the second respondent, whose identity was redacted. The petitioner and the second respondent met through social media and developed a relationship. They engaged in sexual intercourse on multiple occasions, with the second respondent allegedly consenting on the promise of marriage. Subsequently, the petitioner married another woman, leading to the complaint. The court examined whether the consent was vitiated by a false promise of marriage. The court held that for consent to be vitiated, the promise must be the sole basis for consent and the accused must have had no intention to marry from the outset. In this case, the relationship was consensual over a period, and the promise of marriage was not the determining factor. The court quashed the FIR and all proceedings, finding no prima facie case of rape.
Headnote
A) Criminal Law - Rape - False Promise of Marriage - Section 64 of Bharatiya Nyaya Sanhita, 2023 - Consent obtained on false promise of marriage does not constitute rape if the promise was not the sole basis for consent and the relationship was consensual over a period of time - Court quashed FIR where parties were in a consensual relationship and the promise of marriage was not the determining factor for consent (Paras 1-10).
Issue of Consideration
Whether an FIR for rape under Section 64 of Bharatiya Nyaya Sanhita, 2023 can be quashed when the sexual relationship was consensual and based on a promise of marriage that was not the sole factor for consent.
Final Decision
The court allowed the writ petition, quashed the FIR in Crime No. 306/2024 and all proceedings in C.C. No. 34011/2024 pending before the XXX Additional Chief Metropolitan Magistrate, Bengaluru.
Law Points
- Consent obtained on false promise of marriage is not rape if the promise was not the sole basis for consent
- Section 64 of Bharatiya Nyaya Sanhita
- 2023
- Quashing of FIR under Article 226 of Constitution of India and Section 528 of Bharatiya Nagarik Suraksha Sanhita
Case Details
2025 LawText (KAR) (10) 24
Writ Petition No.31144 of 2024 (GM - RES)
Sri Athreya C. Shekar for petitioner; Sri B.N. Jagadesha, Addl. SPP for respondent 1
State of Karnataka and Ms. XXXXXXXXX
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Nature of Litigation
Writ petition under Article 226 of Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR and criminal proceedings for rape.
Remedy Sought
Petitioner sought quashing of FIR No. 306/2024 and complaint filed by respondent 2, and all proceedings in C.C. No. 34011/2024.
Filing Reason
Petitioner alleged that the FIR was based on a consensual relationship and the promise of marriage was not the sole basis for consent, thus no offence of rape was made out.
Issues
Whether the consent for sexual intercourse was vitiated by a false promise of marriage, constituting rape under Section 64 of BNS, 2023.
Submissions/Arguments
Petitioner argued that the relationship was consensual and the promise of marriage was not the sole basis for consent.
Respondent 1 (State) opposed the petition, arguing that the promise of marriage was false and vitiated consent.
Ratio Decidendi
Consent obtained on a false promise of marriage does not constitute rape under Section 64 of Bharatiya Nyaya Sanhita, 2023 if the promise was not the sole basis for consent and the relationship was consensual over a period of time. The court must examine whether the accused had no intention to marry from the outset and whether the promise was the determining factor for consent.
Judgment Excerpts
The petitioner and the 2nd respondent are drawn together in the labyrinth of modern social media.
Sans prolixity, the essential narrative is as follows: -
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to quash FIR No. 306/2024 registered by Konanakunte Police Station for offence under Section 64 of Bharatiya Nyaya Sanhita, 2023, which was pending as C.C. No. 34011/2024 before the XXX Additional Chief Metropolitan Magistrate, Bengaluru. The petition was reserved on 18.09.2025 and pronounced on 25.10.2025.
Acts & Sections
- Bharatiya Nyaya Sanhita, 2023: 64
- Bharatiya Nagarik Suraksha Sanhita, 2023: 528
- Constitution of India: 226
