Case Note & Summary
The matter arises from two criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of criminal proceedings. The petitioner, Girinath B., and the complainant, Rajeshwari, met on Facebook in 2013 and developed a relationship. According to the complainant, the petitioner enticed her with promises of marriage and engaged in a physical relationship from 2013 to 2019. When the petitioner allegedly reneged on the promise in 2019, the complainant filed a complaint on 08-03-2021 at Indiranagar Police Station, Bengaluru, leading to Crime No.55/2021 for offences under Sections 417, 420, 504, 506 read with Section 34 of the IPC. After the petitioner was arrested and granted bail, the complainant lodged a second complaint with similar allegations at the Women's Police Station, Davangere, which became Crime No.103/2021 for offences under Sections 376(2)(n), 506, 504, 323, 114, 417 read with Section 34 of the IPC. Charge sheets were filed in both cases, resulting in C.C.No.54359/2021 and C.C.No.247/2022. The petitioners contended that the relationship was fully consensual, spanning six years, and that the complainant had a history of making similar allegations to extract money, as evidenced by a previous case against one Dhanush. They argued that filing two cases on identical facts constituted malicious prosecution and an abuse of process. The complainant's counsel maintained that the petitioner exploited her under a false promise of marriage and that the trials should proceed. The High Court heard arguments and reserved the matter for orders on 04-07-2023. The judgment, as pronounced on 28-07-2023, is incomplete in the provided text, and the final decision is not available.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 of the Code of Criminal Procedure, 1973 - Multiple Prosecutions and Abuse of Process - The petitions sought quashing of two charge sheets in C.C.No.54359/2021 and C.C.No.247/2022 arising from the same facts, alleging malicious prosecution and abuse of process - The court considered arguments regarding the consensual nature of the relationship and the filing of two complaints in different jurisdictions - (Paras 2-9).
B) Criminal Law - Offences of Cheating and Rape - Sections 375, 376(2)(n), 417, 420 of the Indian Penal Code, 1860 - Consent in Long-Term Relationships - The core issue was whether a sexual relationship spanning six years under an alleged promise of marriage could be termed as rape and cheating when the promise was later broken - The petitioners argued the relationship was fully consensual, while the complainant alleged she was exploited on the false assurance of marriage - (Paras 3-7).
Issue of Consideration
Whether the criminal proceedings for offences under Sections 417, 420, 376(2)(n), 506, 504, 323, 114 r/w 34 IPC are liable to be quashed under Section 482 Cr.P.C.; Whether the filing of two separate complaints based on the same set of facts amounts to abuse of process of law; Whether the allegations of breach of promise to marry and consequent rape can be sustained in the context of a long-term consensual live-in relationship
Case Details
2023 LawText (KAR) (07) 52
Criminal Petition No.6863 of 2022 c/w Criminal Petition No.6485 of 2022
T. I. Abdulla for petitioners; K. P. Yashodha for respondents 1 to 3; T. Nataraju for complainant
Girinath B. and Champatina
State of Karnataka, Indiranagar Police Station, Women Police Station Davangere, Smt. Rajeshwari
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Nature of Litigation
Criminal petitions under Section 482 of Cr.P.C. seeking quashing of criminal proceedings.
Remedy Sought
Petitioners sought quashing of charge sheets and all proceedings in C.C.No.54359/2021 and C.C.No.247/2022.
Filing Reason
Petitioners alleged that the complainant had a consensual live-in relationship for six years and then filed false cases of cheating and rape on the pretext of breach of promise to marry, and that multiple FIRs for the same facts amounted to abuse of process.
Issues
Whether the criminal proceedings for offences under Sections 417, 420, 376(2)(n), 506, 504, 323, 114 r/w 34 IPC are liable to be quashed under Section 482 Cr.P.C.?
Whether the filing of two separate complaints based on the same set of facts amounts to abuse of process of law?
Whether the allegations of breach of promise to marry and consequent rape can be sustained in the context of a long-term consensual live-in relationship?
Submissions/Arguments
Petitioners' counsel contended that the relationship was fully consensual, lasting six years, and the allegations were fabricated to harass and extort money; the complainant had a history of making similar allegations against other persons, as evidenced by a previous case against one Dhanush.
Petitioners' counsel argued that lodging two complaints in different jurisdictions on the same facts was malicious prosecution and an abuse of process.
Complainant's counsel argued that the petitioner had indeed promised marriage and breached it, leading to physical relationship, and the charge sheets were properly filed, warranting a trial.
In rejoinder, petitioners' counsel reiterated that the complainant habitually lured people on social media and cited Crime No.33 of 2014 as an illustration.
Judgment Excerpts
The complainant comes in contact with the petitioner – Girinath B. in the year 2013 through face book – the social media. They become friends, it transpires that the petitioner was staying close to the complainant’s house.
It is the narrative of the complainant, that she was always taken to the house of the petitioner, on the score that he was a very good chef and would prepare delicious food and every time she used to go to his house, drink beer and have sexual intercourse. This story goes on up to 2019, for about 6 years.
The complainant on the ground that the petitioner has breached promise of marriage and has had physical relationship with her, seeks to register a complaint before the Indiranagar Police Station, Bengaluru on 08-03-2021.
The 2nd complaint was registered before the Women’s Police Station at Davangere. The said complaint becomes a crime in Crime No.103 of 2021 for offences punishable under Sections 376(2)(n), 506, 504, 323, 114, 417 r/w 34 of the IPC.
Procedural History
On 08-03-2021, complainant filed complaint at Indiranagar Police Station, leading to Crime No.55/2021 for offences under Sections 417, 420, 504, 506 r/w 34 IPC. Petitioner was arrested and enlarged on bail. Complainant then filed a second complaint at Women's Police Station, Davangere, which became Crime No.103/2021 for offences including Section 376(2)(n) IPC. Charge sheets were filed: in Bengaluru as C.C.No.54359/2021 and in Davangere as C.C.No.247/2022. Petitioners filed these criminal petitions under Section 482 Cr.P.C. for quashing.
Acts & Sections
- Indian Penal Code, 1860: 417, 420, 504, 506, 34, 376(2)(n), 323, 114
- Code of Criminal Procedure, 1973: 482
