False promise to marry : Consensual sexual relationship lasting over years, not a rape

Karnataka High Court Quashes Rape Charges Due to Consensual Relationship Court rules that consensual sexual relationship over years cannot be equated with rape or cheating based on a false promise to marry, especially when the complainant was already married.

In a landmark decision, the Karnataka High Court has quashed proceedings in a case involving charges of rape and cheating against Mr. Fakirappa Hatti. The court found that the allegations stemmed from a consensual relationship that spanned over three years, which cannot be retroactively criminalized as rape. Justice M. Nagaprasanna presided over the case and emphasized that the complainant's marital status, being married and having three children, rendered the promise to marry implausible.

The case arose when the complainant, who had entered into a consensual relationship with Hatti, filed a complaint alleging that he had promised to marry her. The relationship began in 2019 and continued until early 2022. The complaint was lodged when the complainant learned that Hatti's family was seeking to arrange his marriage with another woman. Subsequently, a private complaint was filed, leading to the registration of a criminal case against Hatti.

During the proceedings, the court delved into the intricacies of consent and the legal implications of promises made within the context of personal relationships. The court referred to several precedents, including rulings by the Supreme Court of India, which have consistently held that a breach of promise to marry does not automatically translate into an offense of rape, particularly when the involved parties were engaged in a consensual relationship.

Justice Nagaprasanna pointed out that permitting the continuation of the criminal proceedings would amount to an abuse of the legal process and a miscarriage of justice. The ruling emphasized the importance of distinguishing between consensual relationships and criminal acts, highlighting that not every broken promise equates to a false promise.

The decision is expected to have significant implications for similar cases, reinforcing the judiciary's stance on the need for clear evidence of malicious intent to deceive in cases involving promises of marriage. The judgment reaffirms the legal principle that consensual acts between adults, even when resulting in a breach of promise, do not constitute criminal offenses under the Indian Penal Code.

Bottom Line:

False promise to marry does not amount to rape or cheating under IPC when a consensual sexual relationship is sustained over years, and the complainant's marital status renders promise to marry implausible.

Statutory provision(s): Sections 323, 376, 417, 420, 506, 90, 200, 156(3), 164, 482 of the Indian Penal Code and the Code of Criminal Procedure.

Mr. Fakirappa Hatti v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 2798631