The Karnataka High Court quashed proceedings in a rape case registered under Section 64 of the Bharatiya Nyaya Sanhita, 2023, ruling that the relationship between the petitioner and the complainant appeared consensual.

Justice M. Nagaprasanna observed that the parties had met through the dating application “Bumble” and maintained contact over Instagram for a considerable period before meeting in person. The complainant had later alleged that consent was withdrawn midway during physical intimacy, leading to registration of FIR by Konanakunte Police.

The Court noted that the investigating officer had omitted key electronic evidence including chats and photos exchanged between the two which demonstrated mutual consent. Citing Supreme Court precedents, the Court reiterated that consensual physical relations cannot be retrospectively construed as rape merely because the relationship soured later.

Holding that continuing the prosecution would amount to an abuse of legal process and result in miscarriage of justice, the High Court quashed the FIR and all consequent proceedings pending before the trial court.

Appearances:

Petitioner: SRI ATHREYA C. SHEKAR, ADVOCATE

Respondent: SRI B.N.JAGADESHA, ADDL.SPP