- 1 - HC-KAR NC: 2025:KHC:37166 CRL.P No. 13764 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 13764 OF 2024 BETWEEN: 1. KOUSHIK .B.K S/O LATE KRISHNEGOWDA AGED ABOUT 34 YEARS RESIDING AT BANDIHOLE VILLAGE KASABA HOBLI, K R PET TALUK MANDYA-577133. …PETITIONER (BY SRI. PRABHAKARA .T.C, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHIKKAMAGALURU WOMEN P S BENGALURU REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU-560 001. 2. LAVANYA B.S. D/O LATE SADASHIVAPPA AGED ABOUT 29 YEARS RESIDING AT LAKSHMIPURA VILLAGE JYOTHINAGARA POST CHIKKAMAGALURU DISTRICT KARNATAKA - 577 101. …RESPONDENTS (BY SRI. RAHUL RAI .K, HCGP FOR R1; SMT.P.V. KALPANA, ADVOCATE FOR R2) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37166 CRL.P No. 13764 of 2024 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONERS IN S.C.NO.44/2022 (ARISING OUT OF CR.NO.101/2021) OF CHIKKAMAGALURU WOMEN POLICE STATION FOR AN ALLEGED OFFENCE P/U/S 376(2)(n), 417 OF IPC PENDING ON THE FILE OF HONBLE II ADDL. DISTRICT AND SESSIONS JUDGE AT CHIKKAMAGALURU. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The present petition is filed by the accused seeking quashing of the proceedings in S.C.No.44/2022 (arising out of Crime No.101/2021) pending before the learned II Additional District and Sessions Judge, Chikkamagaluru, for the offences punishable under Sections 376(2)(n) and 417 of the Indian Penal Code. 2. The case of the prosecution, in brief, is that respondent No.2/victim, a student of Adichunchanagiri Engineering College, lodged a complaint alleging that she came into acquaintance with the petitioner/accused, and over a period of time they became close friends. It is - 3 - HC-KAR NC: 2025:KHC:37166 CRL.P No. 13764 of 2024 alleged that the petitioner assured her that he would marry her and, on that pretext, took her to various places and had physical relations with her. According to the victim, after four months of the marriage of the petitioner’s brother, the petitioner distanced himself from her, avoided her company, and became untraceable despite her repeated efforts to contact him over the phone. She further states that, on making enquiries with his family members, they allegedly rebuked her. Consequently, she lodged a complaint alleging that the accused had sexual relations with her under a false promise of marriage, to be fulfilled after his brother’s marriage. 3. On the basis of the said complaint, a case came to be registered, investigation was undertaken, and a charge sheet has been filed against the petitioner/accused for the offences punishable under Sections 376(2)(n) and 417 of IPC. - 4 - HC-KAR NC: 2025:KHC:37166 CRL.P No. 13764 of 2024 4. I have heard the learned counsel appearing for the petitioner, the learned counsel for the victim, and the learned High Court Government Pleader representing the State. 5. Before adverting to the rival submissions, this Court considers it appropriate to extract the relevant contents of the complaint, which read as follows: "ಈ ೕನ ಷಯ ೆ ಸಂಬಂದಂೆ, ಾನು ಾವಣ ಈ ೕನ ಾಸದ ಾಸಾೇೆ. ಾನು 25/12/2016 ರ ಆ"ಚುಂಚನ$ ಾೇ%ನ ಎಂ%ಯ$ಂ' ಓದು)*ರುಾಗ ೌ-. /. ೆ ಎಂಬುವ ಇವನು ಅೇ ಾೇ%ನ ಅಂ)ಮ ವಷ3ದ MTech 4ಾಡು)*ದ. ಈ ಸಮಯದ ನ67ಬ8ರ ಪ$ಚಯಾ :ೆ;ೕ<ತಾ>ತು ನಂತರ ಾಬ8ರು ?@ೕ)ಸು)*ೇವA. ಈತನು ಮೂಲತಃ ಮಂಡ %ೆಯ ೆ.ಆE.FೇGೆ ಾಲೂಕು, ಬಂIೕJೊೆ Kಾ@ಮದ ಕೃಷMKೌಡ Nಾರ)ಯವರ ಮೂರೇ ಮಗ ಇಾದ ನಂತರ ಾಬ8ರು ತುಂOಾ ಸKೆ>ಂದ ಇೆವA. ೌ-. ನನ;ನು; ಮದುೆ ಆಗುೆ*ೕೆ ಎಂದು JೇP ನಂ/ ನನ;ನು; ಹಲಾರು ಊರುಗPKೆ ಸು)* Jೋದ ಕSೆಯೆಲ ನನ;ನು; ಇTೆUKೆ ರುದVಾ ಬಲವಂತ ಾ ೈ<ಕಾ ಉಪZೕ ೊಂಡು ಾಬ8ರು [ೊೆ>ರುವ ನೂ\ಾರು ]ೕGೋಗಳನು; ೆKೆದು ೊಂIೇೆ. ಈ ಎಾ ಷಯ ಎರಡು ಕುಟುಂಬಗPKೆ )P"ರುತ*ೆ. ಇಾದ ನಂತರ ಮದುೆಯ ಬKೆ` 4ಾತಾIಾಗ ತನ; ಅಣMಾದ ಾ)3.ನ ಮದುೆ ಆದ - 5 - HC-KAR NC: 2025:KHC:37166 CRL.P No. 13764 of 2024 ನಂತರ ಮದುೆ ಆಗುೆ*ೕೆಂದು JೇPದ ಅಣMನ ಮದೆaಾ ಾಲು )ಂಗಳbಗಳ ಅವನು ಎಾೆ ಏನು 4ಾಡು)*ಾೆ ಎಂದು )P"ಲ. ಅವನು ಇಾದ ನಂತರ ನನKೆ ]ೕdಗೂ ಕ. ಇದರ ಬKೆ` ಅವನ ಮೆಯವರ ಬP Tಾ$ದ\ೆ ಅವರು ಸಹ ನಮಗೂ ಈ ಷಯದ ಬKೆ` Kೊ)*ಲೆಂದು Jೇಳb)*ಾ\ೆ. ನನKೆ ಮದುೆaಾಗುೆ*ೕೆಂದು JೇP ನಂ/ ನನ; ಇTೆUKೆ ರುದVಾ ಬಲವಂತಾ ೈ<ಕಾ ೈಂಕ ಹೆ 4ಾI eೕಸ 4ಾIರುಾ*ೆ. ಅವರ ಮೆಯವರು ನನ; ಬKೆ` ಇಲೆ ಇರುವ ಅFಾಧೆ ಅಪಪ@Tಾರವನು; ಾ)3ಕ, ಕವನ ಮತು* ಅವನ ಾ> Nಾರ) 4ಾIರುಾ*\ೆ. ನನKೆ ಮದುೆaಾಗುವAಾ ನಂ/ ನನ; ಇTೆgKೆ ರುದVಾ ಬಲವಂತ"ಂದ ೈ<ಕಾ ಉಪZೕ ೊಂIರುವ ೌ-. ೕೆ ಾನೂನು ಕ@ಮ ಜರುಸಲು ೋ$ೆ. ೌ-. ಅವನ ಅಣMನ ಮದುೆaಾದ ನಂತರ ಮದುೆ ಆಗುೆ*ೕೆಂದು JೇPದ$ಂದ ಾನು ಇಯವ\ೆಗೂ ಾದು ಈ "ನ ತಡಾ ಬಂದು ದೂರು iೕIರುೆ*ೕೆ. Oೆಂಗಳj$ನ JೋGೆk ಮತು* ಅಣMನ lಾm Jಾಗೂ nಕಮಗಳj$ನ ನಮ7 ಮೆಯ ಘಟೆ ನSೆ"ರುತ*ೆ." 6. On a careful and close reading of the complaint, the victim does not, on the face of the pleading, present herself as a person who was vulnerable in the sense that would negate her capacity to form an informed consent. The complaint itself records that the victim is pursuing - 6 - HC-KAR NC: 2025:KHC:37166 CRL.P No. 13764 of 2024 engineering at Adichunchanagiri Engineering College. It further records that the parties became acquainted, that they formed a relationship, and that the victim had physical relations with the petitioner. These admissions, being by the complainant herself, weigh against an immediate inference that the complainant lacked the maturity or capacity to consent. 7. The complaint must be evaluated in the light of the legal principles laid down by the Hon’ble Supreme Court in Prashant vs. State of NCT of Delhi1, Pramod Suryabhan Pawar vs. State of Maharashtra & Another2 and Mahesh Damu Khare vs. State of Maharashtra & Another3. Those authorities establish that, to sustain a conviction under Section 375 IPC on the ground of a promise to marry, it is necessary to show that the promise was false ab initio, that is made with no intention ever to perform it. The Supreme Court has 1 SLP (Crl.) No.2793/2024 2 (2019) 9 SCC 608 3 SLP (Crl.) No.4326/2018 - 7 - HC-KAR NC: 2025:KHC:37166 CRL.P No. 13764 of 2024 further observed that prolonged consensual physical relations, entered into with knowledge of the surrounding circumstances, may negate the contention that consent was vitiated by a misconception of fact under Section 90 IPC. Those rulings require consideration of the parties’ maturity, the factual matrix, and whether there is affirmative evidence of deception or coercion proximate to the sexual act. 8. Applying these principles to the averments before this Court, the material in the complaint tends to show a sustained consensual relationship between two adults. The complainant’s own narrative that she travelled with the petitioner, that they spent time together and that she voluntarily engaged in sexual intercourse, are indicia of informed participation rather than of victimhood or incapacity. The complaint further states that the petitioner distanced himself only after his brother’s marriage and that, thereafter, the complainant was unable to trace him despite attempts through his family. This factual matrix is - 8 - HC-KAR NC: 2025:KHC:37166 CRL.P No. 13764 of 2024 consistent with the breakdown of a personal relationship and does not, on its face, demonstrate that the alleged promise to marry was a fraudulent pretext existing from the very beginning. 9. Taken cumulatively, the averments in the complaint do not disclose, in a clear and cogent manner, the necessary ingredients of inducement, fraud or coercion that would vitiate consent under the penal provisions invoked. There is no pleading of any contemporaneous misrepresentation or of conduct showing that the petitioner never intended to perform the alleged promise at the time it was made. In short, even accepting the allegations in the complaint and the charge-sheet at their highest, the record does not prima facie establish the existence of the kind of fraudulent promise or coercion that the cited authorities require to convert consensual intercourse into rape. - 9 - HC-KAR NC: 2025:KHC:37166 CRL.P No. 13764 of 2024 10. It is well settled and this Court has on numerous occasions reiterated that a sustained consensual sexual relationship between adults, without proof of deceit proximate to the act or of coercion, does not, merely because the relationship later breaks down, amount to rape. The concept of “consent” for the purposes of Section 375 must be assessed with regard to whether it was vitiated by a misconception of fact or by coercion immediately related to the sexual act; a subsequent grievance about the ending of a relationship is legally insufficient to establish such vitiation. 11. In the circumstances of this case, the continued prosecution of the petitioner who, by the pleadings, is an educated adult (an M.Tech degree-holder) would, on the available material, risk subjecting him to the ignominy and humiliation of an unwarranted criminal trial. Further, permitting trial to continue on the present record would, in the view of this Court, amount to an abuse of the process of the Court. To prevent such misuse of criminal process - 10 - HC-KAR NC: 2025:KHC:37166 CRL.P No. 13764 of 2024 and to secure the ends of justice, this Court is persuaded to exercise its inherent jurisdiction under Section 482 Cr.P.C., notwithstanding that the trial has commenced. 12. Accordingly, for the reasons stated above, and having regard to the nature and quality of the averments in the complaint and the legal principles discussed, this Court proceeds to pass the following: ORDER (i) The petition is hereby allowed; (ii) Consequently, the proceedings in S.C. No.44/2022 (arising out of Crime No.101/2021) pending before the learned II Additional District and Sessions Judge, Chikkamagaluru, for the offences punishable under Sections 376(2)(n) and 417 of the Indian Penal Code, insofar as they relate to the petitioner, are hereby quashed. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 112