Karnataka High Court Quashes Rape Charges Against Live-In Partner After 22-Year-Long Relationship

The Karnataka High Court has quashed rape charges against a man in a live-in relationship, by his partner of 22 years.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Satish and quashed the case registered against him for sections 323,376,417,420,504,506 of the Indian Penal Code.

A detailed order is yet to be made available.

While granting interim relief and staying all further proceedings qua the petitioner earlier the court had observed, “This case forms a classic illustration, as to what can become an abuse process of law. The petitioner and the complainant are said to have been in a relationship for 22 years. After 22 years of relationship, when the relationship turns sour, it is said to have become an offence of rape. It is on the face of it is an abuse of process of law to permit any proceedings, any further, in the case at hand.”

As per the complainant, she had earlier married one Mallaiah and got two children from their wedlock. The complainant's husband was suffering from a deadly disease, therefore she came to Bengaluru in the year 2004 and joined in one hotel for work.

There, she met the accused who it was alleged promised to marry her and on assurance of providing a good life, she started residing in his house. It was claimed the accused would introduce her as his wife to everyone and used the complainant physically.

It was also claimed that he received Rs 8 lakh from her and purchased a car and bikes. However, without marrying her, went to his native place and arranged to marry another girl.

When she asked the accused to marry her, he scolded her with filthy language and made galata. Following this she lodged the complaint. The police on investigation filed its chargesheet in the case.

Seeking to quash the prosecution the petitioner contended that recitals in the complaint and FIR, it is evident that the complainant and the petitioner were in a relationship for more than 18 years and indulged in consensual sex and as such the consensual act can neither become an offence section 376 of IPC nor breach of promise would become an offence of cheating under section 420 of IPC.

Further, it is apparent that the promise made by the petitioner has no immediate relevance, or direct nexus to the complainant's decision to engage in the sexual act alleged in the complaint.

Moreover, the alleged incident took place in the year 2004 to 2023 the complaint is filed in the month of June 2023, i.e., after almost 18 years without assigning any reason for the excessive and unjustifiable delay in filing the complaint and this is obvious of the fact that the complaint is maliciously instituted with oblique motive and for extraneous reasons best known to

Accordingly it was prayed to quash the prosecution.

Appearance: Advocate H.Shanthi Bhushan for Petitioner.

Citation No: 2024 LiveLaw (Kar) 472

Case Title: Satish AND State of Karnataka

Case No: CRL.P 6419/2024

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