Case Note & Summary
The matter arose from a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the charge sheet in S.C. No. 664/2022, which originated from Crime No. 54 of 2021 registered by the Chandra Layout Police Station, Bengaluru. The accused, Mallikarjun Desai Goudar, was charged with offences under Sections 376, 376(2)(n), 354, 323, 406, 504, and 506 read with Section 34 of the Indian Penal Code, 1860, on the complaint of the second respondent, a woman whose identity was redacted. The complainant alleged that she and the accused had been friends for about five years, which gradually developed into a romantic relationship and sexual involvement. She claimed that the accused repeatedly had sexual intercourse with her on the pretext that he would marry her, and that she consented solely because of that promise. She further stated that in 2021, the accused and his family members took money from her under various business pretexts and later refused to return it, while the accused ultimately reneged on his marriage promise. On 09-03-2021, she and her family confronted the accused, leading to a dispute, after which she lodged the complaint on 10-03-2021. The police investigated and submitted a charge sheet, and the case was committed to the Sessions Court, where it was pending as S.C. No. 664/2022. The petitioner contended that the relationship was entirely consensual, spanning several years, and that both parties wanted to marry but could not due to caste differences, despite his best efforts. He argued that the sexual encounters were not based on a false promise but on mutual affection, and therefore, no offence of rape was made out. The complainant’s counsel, on the other hand, argued that consent obtained by a false promise vitiated free consent and amounted to rape under Section 376, relying on a distinction between a genuine promise of marriage and a deceitful one, and submitted that the matter required trial to ascertain the truth. The State Prosecutor also opposed quashing, emphasizing that the charge sheet prima facie disclosed a false promise of marriage. The High Court heard the matter, reserved it for orders on 06-02-2023, and pronounced the order on 28-02-2023. The extracted text, however, ends during the reproduction of the complaint and does not contain the court’s analysis, reasoning, or final decision.
Headnote
A) Criminal Law - Rape on False Promise of Marriage - Quashing of Charge Sheet under Section 482 CrPC - Indian Penal Code, 1860, Sections 375, 376, 376(2)(n), 354, 323, 406, 504, 506 read with 34; Code of Criminal Procedure, 1973, Section 482 - Petition filed seeking quashing of charge sheet arising from allegations that the accused induced the complainant into a sexual relationship on a false promise of marriage, which he later breached - Court heard arguments from both sides highlighting the long-term nature of the relationship and caste barriers; the legal distinction between a mere breach of promise and a false promise from inception was central - Reserved for orders on 06.02.2023 and pronounced on 28.02.2023; final decision and reasoning not included in the extracted text; no holding available (Paras 1-8).
Issue of Consideration
Whether the charge sheet for offences under Sections 376, 376(2)(n), 354, 323, 406, 504, 506 read with 34 IPC should be quashed under Section 482 CrPC, particularly whether the allegations of sexual intercourse on a false promise of marriage constitute rape and require trial.
Law Points
- Consent obtained by false promise to marry may vitiate consent and constitute rape under Section 376 IPC
- distinction between promise of marriage and false promise is crucial for determining whether consent was free under Section 375 IPC.
