Karnataka High Court ruled that “no promise of marriage can be held to a woman who is already married”
Last Updated on December 7, 2024 by NewsDesk SLC
Karnataka high court quashed a rape case registered against a man by a woman he met on the bumble app where the woman was into him. profile projected as a divorced lady.
Justice M Nagaprasanna granted Akhil Thomas’ plea and quashed the proceedings against him under Sections 376, 420 and 506 of the Indian Penal Code.
The petitioner argued that the acts from the day they met to the day the offense was registered were all consensual but were never based on a promise of marriage. The Complainant was already married and considered herself a divorced lady on Bumble, and therefore when the Complainant learned that she was not yet divorced, she broke said promise.
The legal representative of the complainant stated during the meeting that she is not willing to deal with the matter further and leaves the decision to the court.
The prosecution argued that the petitioner should be acquitted in a proper trial as the said offense is punishable under Section 376 of the IPC.
findings:
The court, while considering the complaint and indictment, said: “If the contents of the complaint and the summary of the indictment were read together, it would infallibly lead to the expungement of the offense against the petitioner, on the ground that the petitioner was already married and the marriage at the time projected was divorced woman without the divorce actually taking place, therefore it cannot be given to a woman who has already been married”. He added: “The other alleged acts are all consensual acts. With such consensual conduct, the criminal act of rape cannot occur in the relationship between the petitioner and the respondent according to Section 376 of the Criminal Code.
The court allowed the motion and said, “If further proceedings against the petitioner are not thwarted, it would prima facie be an abuse of law and would result in injustice.
It then stayed the proceedings against the petitioner in the criminal case pending before the Additional Chief Metropolitan Magistrate.
Case Law: Akhil Thomas AND State of Karnataka & ANR
