Consensual Relationship Is No Licence To Assault A Woman: Karnataka High Court

The Karnataka High Court has refused to quash charges of assault levelled by a woman against a man with whom she was in a consensual relationship for years.

A single judge bench of Justice M Nagaprasanna said, “Any amount of consensus or a consensual relationship between the accused and the complainant will not become a licence to the accused to assault a woman.”

The court though partly allowed the petition filed by the accused and quashed the charges of rape on the pretext of marriage and cheating levelled against the accused.

The complainant and the accused were in a consensual relationship for more than 5 years. Complainant alleged petitioner indulged in sexual activities with her on false promise of marriage and therefore, he has committed offences punishable under Sections 376, 417, 504 and 506 of the IPC. She also alleged that petitioner beat her leading to injuries depicted in the wound certificate.

The petitioner argued that complainant is habitual in registering repeated crimes on different men and thus the impugned proceedings should be quashed.

The bench noted that the narration in the complaint is indicative that the relationship was and all acts during the said period were consensual.

It also took note of the fact that during the same time, petitioner had alleged identical offences against another accused.

Thus it said, “If the allegation in the complaint made against Kamalesh Choudhary is juxtaposed to the subject complaint, it becomes unmistakably clear that it is verbatim similar. The manner of narration is identical. Another factor that would become clear is that the complainant was sailing in two boats at the same time. Therefore, the offence alleged is the one punishable under Section 376 of the IPC, on such consensual acts on the specious plea that it was on promise of marriage and later, the promise of marriage has been breached, are all on the face of it false.”

It added, “Section 417 of the IPC is also loosely laid as it is an offshoot of the allegation that it is on false promise of marriage or the sexual relationship on account of promise of marriage and its later breach. Such acts would not amount to cheating as obtaining under Section 417 of the IPC, is by now a well settled principle of law. Therefore, laying of the said offence against the petitioner is also unsustainable.”

However, in regards to the offences pertaining to Sections 323 (Voluntarily Causing Hurt) and 504 (Intentional insult) of the IPC, the court said the complainant's version is backed by a wound certificate which indicate that there have been multiple bruises on her body. "The bruises are on account of assault by the accused, the petitioner. Therefore, while the offence under Section 376 of the IPC or 417 of the IPC cannot be made out, the offence under Sections 323 and 504 of the IPC are prima facie met,” it held.

Accordingly it allowed the petition in part.

Appearance: Advocate Venkatesh P Dalwai for

HCGP Thejesh P for R1.

Advocate Balu P for R2.

Citation No: 2024 LiveLaw (Kar) 268

Case Title: ABC AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 6913 OF 2022

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