Case Note & Summary
The petitioner, Shri Raghvendra Shivaraddi Naduvinamani, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of proceedings in Crime No.32/2023 registered at Gadag Rural Police Station for offences punishable under Sections 376 (rape), 506 (criminal intimidation), 417 (cheating), and 420 (cheating and dishonestly inducing delivery of property) of the Indian Penal Code, 1860 (IPC). The case was pending before the II Additional Civil Judge and JMFC Court, Gadag. The petitioner was the sole accused, and the second respondent was the complainant. The facts revealed that the petitioner and complainant had been in a love relationship since 2018 and had physical relations. The complainant married one Ramakrishna Kadligondi on 29-06-2021 while still in a relationship with the petitioner. That marriage later failed. Subsequently, the complainant lodged a complaint alleging that the petitioner had raped her on the false promise of marriage. The petitioner argued that the relationship was entirely consensual and that the complainant was aware of his inability to marry her due to her own marriage. The court examined the allegations and found that the complainant's own conduct—marrying another person while continuing the relationship—indicated that the promise to marry was not the sole basis for the physical relationship. The court held that the essential ingredients of rape under Section 375 IPC were not satisfied as the consent was not vitiated by a false promise of marriage from the inception. The court also noted that the complaint appeared to be an afterthought following the failure of the complainant's marriage. Consequently, the court allowed the petition and quashed the entire proceedings against the petitioner, holding that continuation would be an abuse of the process of law.
Headnote
A) Criminal Law - Rape - Consent - Promise to Marry - Sections 375, 376, 417, 420, 506 IPC - Quashing under Section 482 CrPC - The petitioner and complainant were in a consensual love relationship since 2018 with physical relations. The complainant married another person on 29-06-2021 while still in relationship with petitioner. After her marriage failed, she lodged a complaint alleging rape on false promise of marriage. Held that the relationship was consensual and the promise to marry was not false from inception; the complainant's subsequent marriage indicates she was aware of the situation. Continuation of proceedings would be an abuse of process. (Paras 2-10) B) Criminal Procedure Code - Quashing of FIR - Abuse of Process - Section 482 CrPC - Where the allegations in the FIR and charge sheet do not disclose any offence and the continuation of proceedings is vexatious, the High Court can quash the proceedings to prevent abuse of process. Held that the complaint was filed after the complainant's marriage failed, and the ingredients of rape were not made out. (Paras 8-10)
Issue of Consideration
Whether the continuation of criminal proceedings for offences under Sections 376, 506, 417, 420 IPC against the petitioner amounts to an abuse of process of law, given the consensual nature of the relationship and the complainant's subsequent marriage to another person.
Final Decision
The court allowed the petition and quashed the entire proceedings in Crime No.32/2023 pending before the II Additional Civil Judge and JMFC Court, Gadag, insofar as the petitioner/sole accused is concerned.
Law Points
- Consent under Section 375 IPC
- Promise to marry
- Quashing of criminal proceedings under Section 482 CrPC
- Abuse of process of law
