False 376 IPC Case | Woman Already Married For 10 Years, Yet Man Faced Rape Case Over Promise To Marry: Karnataka HC Quashes Proceedings

BENGALURU: The Karnataka High Court has quashed criminal proceedings against a man accused of rape after a relationship allegedly based on a promise to marry, holding that the complainant's own statement showed that she was already married ten years before the incident.

Justice V. Srishananda passed the order on 18 September 2026 in Writ Petition No. 17495 of 2024. Karthik R and two others filed the petition seeking quashing of proceedings pending before the Additional District and Sessions Judge, FTSC-II (POCSO), Shivamogga.

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The criminal case arose from FIR Crime No. 149/2022. The accused faced proceedings for offences under Sections 376, 504, 506, 417, and 114 read with Section 34 of the Indian Penal Code (IPC).

The petitioners sought the following relief:

“Quash the entire criminal proceedings in S.C. No. 200/2022 arising from FIR Crime No. 149/2022, as continuation of the case would amount to abuse of process of law.”

According to the complaint, Karthik was working as a salesman at a fuel station. It was alleged that he promised to marry the complainant and entered into a physical relationship with her on that assurance. When the alleged promise did not lead to marriage, the complainant filed the complaint.

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However, an important fact emerged from the complainant's own further statement to the police. She stated that she had already been married ten years before the incident.

The High Court therefore observed that if the complainant was already married, there could not have been any promise to marry.

The Court further noted the settled legal position that where an adult woman enters into a physical relationship by consent, the subsequent failure of a promise to marry would not by itself attract Section 376 IPC.

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Since the remaining offences were consequential to the allegation under Section 376 IPC, the High Court found sufficient grounds to quash the pending criminal case. The Court accordingly allowed the petition and quashed the proceedings in S.C. No. 200/2022 arising from Crime No. 149/2022.

EXPLANATORY TABLE OF LAWS AND SECTIONS

CASE DETAILS

KEY TAKEAWAYS

1. Failed Promise Is Not a Licence To Brand A Man A Rapist: When two adults enter a consensual relationship, marriage not happening later does not automatically make it rape.
2. She Was Already Married, Yet He Faced A Rape Case: The complainant herself stated that she had been married for ten years. The High Court observed that in such circumstances, “there could not be any promise to marry at all.”
3. One Allegation Put a Man Through A Serious Criminal Case: He faced Section 376 IPC and other criminal charges before the High Court finally quashed the proceedings.
4. High Court Put an End to The Prosecution: The Court found grounds to quash the rape charge and the consequential offences arising from it.
5. A Broken Relationship Cannot Automatically Become A Criminal Case: Consent cannot simply be rewritten after a relationship fails. For the accused man, however, the criminal process had already become the punishment.

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