Karnataka High Court Dismisses Rape Case, Rules No Marriage Promise to a Married Woman.
The Karnataka High Court has dismissed a rape case brought by a married woman who claimed to be divorced on the dating app Bumble. The Court reviewed a Criminal Petition from the accused regarding charges under Sections 376, 420, and 506 of the Indian Penal Code (IPC). Justice M. Nagaprasanna noted that when examining the complaint and the charge sheet together, it becomes clear that the crime against the accused is invalid because the complainant was still married at the time she misrepresented herself as divorced. Thus, there cannot be a promise of marriage to someone who is already married.
Advocate Baby Balan represented the accused, while High Court Government Pleader Rashmi Patil and Advocate Ananya M.L. represented the complainant. The case involved a relationship between the accused and the complainant, which included physical intimacy, based on the promise of marriage. The complainant filed a complaint after feeling that the promise was broken. Following a police investigation and the filing of a charge sheet, the accused approached the High Court. The accused’s lawyer argued that all interactions from their meeting until the complaint were consensual and not based on a marriage promise. It was also argued that the complainant was still married and had misrepresented her status on Bumble, leading to the accused’s realization of the truth and the claim of a broken promise.
The High Court noted that the actions in question were consensual. It stated that these consensual actions between the petitioner and the respondent do not qualify as rape under Section 376 of the IPC. The Court warned that continuing legal action against the Petitioner would misuse the legal process and lead to unfairness. Therefore, the High Court approved the Criminal Petition and dismissed the proceedings against the Petitioner.
Cause Title: Akhil Thomas v. The State of Karnataka & Anr. (Neutral Citation: 2024:KHC:48393)
