Introduction:

In a significant ruling, the Karnataka High Court has quashed a rape case filed by a woman against her would-be husband, alleging sexual assault after a betrothal ceremony. The petition, filed by Santosh Shetty and his family members, challenged the charges under various sections of the Indian Penal Code. The court’s decision sheds light on the complexities surrounding promises of marriage and consent in such cases.

Arguments of Both Sides:

Advocate Mahesh Kiran Shetty S, representing the petitioners, argued that the alleged incident narrated in the complaint was highly improbable. He emphasized that the betrothal ceremony signified an agreement between both families for marriage, and the accused did not indulge in any act of sexual assault based on false promises. On the other hand, the prosecution contended that the complainant had been deceived into a promise of marriage and subsequently subjected to sexual assault. They argued that the petitioners’ actions amounted to cheating and breach of trust.

Court’s Judgement:

The Karnataka High Court, in its ruling, emphasized that there was no false promise of marriage, as the betrothal ceremony signified an agreement to marry. It noted that the alleged act of sexual assault occurred on the day of the betrothal ceremony and did not involve deception or false promises. The court concluded that the petitioners’ actions did not constitute rape under Section 376 of the IPC but, at most, amounted to a breach of promise of marriage. Therefore, it quashed the rape case against the accused and his family members.