The Karnataka High Court recently quashed a rape case filed against a man by his live-in partner partner of 22 years.
In an order passed on November 14, Justice M Nagaprasanna said that there was no fairness in the complaint since it was lodged after the relationship of 22 years turned sour.
“After 22 years of living together as a couple, you allege rape. Is there any semblance of fairness in the allegation? 22 years…not one or two years. After 22 years, a case is registered under sections 376, 417, 420 (of the IPC) on false promise of marriage. Chargesheet is filed. You were living with him. On the face of it this is abuse of process of law,” the High Court said.
Hence, it quashed the first information report (FIR) and the resultant proceedings against one Satish, saying that permitting further proceedings would amount to an abuse of the process of law.
The complainant and the accused met in the 2002 in Bengaluru and entered into a relationship soon after.
As per the complaint, the accused used to introduce her as his wife to everyone and the two were living together since the accused had promised to marry her.
However, earlier this year, the accused went to his native place and decided to marry another woman there. The complainant then registered a police complaint following which an FIR was registered against the accused for rape and cheating.
The High Court said that it was a motivated case where the complaint of rape was made after the relationship of 22 years turned sour.
In July this year, Justice Nagaprasanna had also granted an interim stay in the matter.
At the time, he had observed, “This case forms a classic illustration, as to what can become an abuse process of law. The petitioner and the complainant are said to have been in relationship for 22 years. After 22 years of relationship, when the relationship turns sour, it is said to have become an offence of rape. It is on the face of it is an abuse of process of law to permit any proceedings, any further, in the case at hand. Therefore, there shall be an interim order of stay of all further proceedings.”
During the hearing on November 14, the High Court quashed the FIR and related proceedings against the accused and disposed of the matter.