Relationship Born Of Mutual Volition Can’t Be Transmuted Into Criminal Offence: Karnataka High Court Quashes Rape Case By Woman Who Met Accused Via Dating App

The Karnataka High Court has quashed a rape case against a man who got acquainted with the Complainant woman through the dating application ‘Bumble’.

The accused preferred a Writ Petition challenging the proceedings pending before the Additional Chief Metropolitan Magistrate, Bengaluru arising out of a crime registered for the offence punishable under Section 64 of the Bharatiya Nyaya Sanhita, 2023 (BNS) for rape.

A Single Bench of Justice M. Nagaprasanna held, “The Apex Court, in the afore-quoted judgments, has etched with clarity, the nuanced distinction between consensual intimacy and the grave allegation of rape. A relationship born of mutual volition, even if it founders in disappointment, cannot, save in clearest of cases, be transmuted into an offence under the criminal law.”

Advocate Athreya C. Shekar appeared for the Petitioner, while Additional State Public Prosecutor (ASPP) B.N. Jagadeesha appeared for the Respondents.

Case Background

The Petitioner-accused and the Respondent-Complainant became acquainted through the virtual corridors of the dating application ‘Bumble’ and thereafter, nurtured their acquaintance for over years through the exchange of images and conversations upon the platform of Instagram. In August 2024, the two resolved to meet in person. After partaking of a meal at a restaurant, they proceeded to a hotel, where physical intimacy was alleged to have ensued.

On the next day, the accused dropped her back to her apartment and the following day, moved by certain physical discomfort, the Complainant got herself examined at the hospital. She came to know that she is a victim of alleged sexual assault. Hence, she lodged a complaint for the rape offence. Pursuantly, the accused got arrested and the chargesheet was filed. This was under challenge before the High Court.

Reasoning

The High Court in the above context of the case, observed, “Prior to filing of the charge sheet, the statement of the complainant was recorded. It is specific case of the petitioner that the Investigating Officer has deliberately ignored the chats between the petitioner and the complainant, as over a year the petitioner and the complainant were in touch with each other on Instagram and has placed a memo along with chats. The chats are not in good taste nor can be reproduced in the course of the order. It would only indicate that the acts between the petitioner and the 2nd respondent/complainant are all consensual.”

The Court was of the view that if the prosecution were permitted to meander into a trial, it would be nothing but a ritualistic procession towards miscarriage of justice and indeed become an abuse of the process of the law.

Accordingly, the High Court allowed the Writ Petition and quashed the FIR and consequential proceedings against the accused.

Cause Title- Sampras Anthony v. State of Karnataka & Anr. [Case Number: WRIT PETITION No.31144 OF 2024 (GM - RES)]

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