Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship

The Karnataka High Court has quashed a rape case against an accused subject to him solemnizing marriage with the survivor, who claimed they were in a consensual relationship while she was a minor and now having attained majority, intend to marry each other.

A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Chikkaredappa and directed him to marry the survivor within one month, and register the same before the competent authority. It also quashed the proceedings registered against him under sections 376(2)(n) of IPC and Section 6 of the POCSO Act, 2012.

It was alleged that the accused had committed penetrative sexual assault on the survivor who was a minor as on the date of the incident. The court however took into account the affidavit filed by the victim mentioning that the relationship was consensual.

Moreover, in the trial the survivor turned hostile in her examination-in-chief and in the cross examination nothing was elicited to support the case of the prosecution.

Petitioner-accused was produced from Judicial Custody and he stated that he is willing to solemnise marriage with the survivor and the sexual intercourse between them was consensual one, since they were in relationship.

Following which the court held, “The continuation of the criminal proceedings will not sub-serve the ends of justice and will be an abuse of process of law.”

Accordingly it allowed the petition.

Appearance: Advocate Abhay R S for Petitioner.

HCGP Thejesh P for R1.

Advocate Basava Prasad Kunale for R2.

Citation No: 442

Case Title: Chikkaredappa And State of Karnataka & Others

Case No: CRIMINAL PETITION NO. 7066 OF 2023

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