Karnataka High Court Quashes Rape Case After Woman Accuses Advocate of Having S*xual Relations With Her on False Promise of Marriage
Recently, the Karnataka High Court quashed a rape FIR against an advocate, ruling the case was a "manipulation" of the legal system. Justice M. Nagaprasanna found the two-year relationship consensual, noting the complainant remained in a "subsisting marital relationship" with another man, which invalidated her claim of consenting solely due to a false promise of marriage.
Bengaluru, January 21: The Karnataka High Court recently quashed a First Information Report (FIR) and criminal proceedings against an advocate accused of rape under the pretext of marriage. In her complaint, the woman claimed that the accused had s*xual relations with her on the false pretext of marriage. In a stern ruling delivered on January 20, Justice M. Nagaprasanna held that the case was not a genuine criminal grievance but rather an attempt to use the legal system as a "weapon of retaliation" following the fallout of a consensual relationship.
Consensual Acts vs Criminal Offence
The court observed that the interactions between the advocate and the complainant, which began on Instagram in 2022, clearly pointed toward a consensual relationship between two educated adults. Karnataka Bike Taxi Ban: Karnataka High Court Extends Service Deadline to June 15, 2025, Refuses To Stay Half Order.
Justice Nagaprasanna reiterated that a "failed relationship" or a broken promise of marriage cannot be characterised as rape if the initial consent was not obtained through deception. The judge noted that the legal threshold for "misconception of fact" was not met in this instance, as both parties were fully aware of their respective circumstances when the intimacy occurred.
Credibility Challenged by Official Records
The court’s decision was heavily influenced by inconsistencies in the complainant's background and official documentation. While the woman claimed her previous marriage had ended and she was seeking a new life with the accused, the material on record told a different story:
Subsequent Childbirth: Although the complainant stated her marriage was annulled in 2016, records showed she gave birth to a child in 2020.
Active Marital Status: In official filings as recent as 2023 - including a petition under the Births and Deaths Act - the woman continued to describe herself as the wife of her former husband.
The Court's View: Justice Nagaprasanna remarked, “It becomes difficult to comprehend how the complainant could credibly assert she consented based on a "promise of marriage" when she appears to have been in a subsisting marital relationship." Woman Sells Child for INR 15,000: Karnataka High Court Quashes Criminal Case Against Woman Booked for Selling Her Child to Couple in Maharashtra, Says She Had 'Bonafide Intention' To Get Her Child Adopted.
Court Warns Against 'Malicious Prosecution'
The High Court expressed deep concern over the "strong imprint of manipulation" found in the complaint. The judge noted that the criminal process was being employed as an "engine of harassment" to settle private scores.
“This is a fit case where even proceedings for malicious prosecution may be warranted,” the Court observed. However, the judge ultimately "held his hands" from directing such action, choosing instead to focus on protecting the accused and his family from the miscarriage of justice.
Legal Background
This ruling aligns with a series of recent judgments from the Supreme Court and various High Courts across India in 2025 and early 2026. These courts have increasingly signalled that the judiciary will not allow the stringent provisions of Section 376 of the IPC (now Section 64 of the BNS) to be used to criminalise consensual intimacy that does not result in marriage, especially when the complainant's own conduct contradicts the allegations of deception.
Women and Child Helpline Numbers:
Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.
Men's Helpline Numbers:
Milaap: 9990588768; All India Men Helpline: 9911666498; Men Welfare Trust: 8882498498.
(The above story first appeared on LatestLY on Jan 21, 2026 03:57 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).