False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady.

Justice M Nagaprasanna allowed the petition filed by Akhil Thomas and quashed the proceedings initiated against him under Sections 376, 420 and 506 of the Indian Penal Code.

The petitioner had contended that acts from the date they met till the date of registration of the crime were all consensual, but never on a promise of marriage. The complainant was already married and had projected herself to be a divorced lady in the Bumble app, therefore, when the petitioner came to know the fact that she was not yet divorced, had breached the said promise.

During the hearing, the counsel for the complainant submitted that she is not willing to pursue the matter any further and would leave the decision to the hands of the Court.

The prosecution opposed the plea saying the petitioner should come out clean in a full-blown trial, as the offence laid is the one punishable under Section 376 of the IPC.

Findings:

On going through the complaint and chargesheet the court said, “If the contents of the complaint and the summary of the charge sheet are read in tandem, what would unmistakably emerge is, obliteration of the crime against the petitioner, for the reason that the complainant was already married and the marriage was still subsisting at the time when she projected herself to be a divorced lady without a divorce actually happening.Therefore, there cannot be promise of marriage held on to a lady, who was already married”. 

It added, “The other acts alleged are all consensual acts. On such consensual acts in a relationship between the petitioner and the respondent cannot become the offence of rape as obtaining under Section 376 of the IPC.”

Allowing the petition the court said “If further proceedings against the petitioner are not obliterated, it would, on the face of it, become an abuse of the process of law and result in miscarriage of injustice.”

It thereafter quashed the proceedings against the petitioner in the criminal case pending before the Additional Chief Metropolitan Magistrate. 

Case Title: Akhil Thomas AND State of Karnataka & ANR

Appearance: Advocate Baby Balan for Petitioner.

HCGP Rashmi Patil, for R1.

Advocate Ananya M L, for R2.

Citation No: 2024 LiveLaw (Kar) 500

Case No: CRIMINAL PETITION NO. 5952 OF 2024

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