Karnataka High Court Quashes Rape Case Against Fiance Who Absconded After Engagement Upon Being Booked In An NDPS Case

The Karnataka High Court quashed a rape case registered by a woman against her fiance–who had absconded post their engagement after he was booked in a case under the NDPS Act–noting that the complainant's statement that she did not want to pursue the case further. 

Justice M Nagaprasanna allowed the petition filed by the petitioner and quashed the case registered against him under Sections 354(A)(Sexual harassment and punishment for sexual harassment), 376(rape), 493 (Cohabitation caused by a man deceitfully inducing a belief of lawful marriage) of the Indian Penal Code. 

The court after going through the records said, "After the registration of the crime in Crime No.191/2021, it transpires that the jurisdictional Police at Andhra Pradesh filed a 'B report' in the case that was registered in Crime No.87/2021.The realization dawned on both of them that they have to get married and they got married after filing of the 'B report' as aforesaid. By then, the complainant had registered the crime...In these circumstances where the offences are not even met to its remotest sense, permitting the husband now to undergo trial would leave the child and complainant in the lurch. In the light of the aforesaid circumstance of marriage between the petitioner and the complainant, I deem it appropriate to obliterate the crime against the petitioner.”

As per the complaint filed by the woman, who eventually married the accused, stated that they were in a relationship. However, it turned sour when the petitioner got involved in a crime of possession of contraband substances registered before the jurisdictional Police at Kakinada, Andhra Pradesh.

The accused and complainant submitted that Police of Kakinada filed B Report and after which, they got married and are said to be living together today. The complainant's counsel said that as on the date of registration of the impugned crime, the complainant was carrying and therefore the duo  got married and now have a child. 

The petitioner contended that the complainant "in the fit of thought that the petitioner has ran away after getting engaged", registered the crime for the offence punishable under Section 376 and 417 of IPC. However today, they are living happily and therefore, this crime should not be permitted to be continued as there are no ingredients of the offence so alleged against the petitioner.The complainant also submitted that she did not want to pursue the case.

Appearance: Advocate Nikitha N for Petitioner.

HCGP Harish Ganapathy for R1.

Advocate Yuktha N for R2.

Citation No: 2024 LiveLaw (Kar) 507

Case Title: Ejas PP AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 12157 OF 2024

Click Here To Read/Download Order