High Court of Karnataka Quashes FIR in Rape Case Due to Lack of Prima Facie Evidence and Malafide Prosecution. Allegations of Rape on False Promise of Marriage Found Baseless as Relationship Was Consensual and Complaint Filed After Civil Dispute.

High Court: Karnataka High Court Bench: KALABURAGI In Favour of Accused

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2026-05-18 19:28:03

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Case Note & Summary

The petitioner, Arunkumar, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quashing of FIR No. 180/2024 registered at Lingasugur Police Station for offences under Sections 376, 323, 506, and 420 of the Indian Penal Code, 1860 (IPC). The respondent No.2, Anjana Devi, a nurse, alleged that the petitioner, a government employee in the Health Department, had sexual relations with her on the false promise of marriage, assaulted her, and criminally intimidated her. The petitioner contended that the complaint was false and motivated by a property dispute, as the respondent had earlier filed a civil suit regarding a house. The High Court, after hearing the parties, found that the allegations did not disclose a prima facie case of rape, as the relationship was consensual and the promise of marriage was not made with an intention to deceive. The court noted that the respondent was a mature woman and the delay in filing the complaint raised doubts. The court also observed that the civil dispute indicated malafide intent. Consequently, the court quashed the FIR and all proceedings, holding that continuing the prosecution would be an abuse of process of law.

Headnote

A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC / Section 528 BNSS - Abuse of Process - The High Court examined whether the FIR and proceedings for rape and other offences were liable to be quashed due to lack of prima facie material and malafide intent. Held that where the allegations do not disclose any offence and the prosecution is malicious, the court may exercise inherent powers to quash proceedings to prevent abuse of process (Paras 2-10).

Issue of Consideration

Whether the FIR and criminal proceedings against the petitioner for offences under Sections 376, 323, 506, and 420 IPC should be quashed for lack of prima facie evidence and due to malafide prosecution.

Final Decision

The petition is allowed. The FIR in Crime No. 180/2024 of Lingasugur Police Station and all further proceedings pending on the file of Prl. Civil Judge (Jr. Dn) and JMFC, Lingasugur, for offences under Sections 376, 323, 506, and 420 of IPC are quashed.

Law Points

Quashing of FIR
Lack of prima facie case
Malafide prosecution
Section 482 CrPC
Section 528 BNSS
Abuse of process of law

Case Details

2024 LawText (KAR) (09) 4

CRL.P No. 200913 of 2024

2024-09-30

K Natarajan

Mahantesh Patil for petitioner, Jamadar Shahabuddin (HCGP) for R1, S. S. Mamadapur for R2

Arunkumar

The State of Karnataka and Anjana Devi

Nature of Litigation

Criminal petition for quashing of FIR and criminal proceedings

Remedy Sought

Quashing of FIR No. 180/2024 and all proceedings in Crime No. 180/2024 pending before Prl. Civil Judge (Jr. Dn) and JMFC, Lingasugur

Filing Reason

Allegations of rape, assault, criminal intimidation, and cheating by the petitioner against the respondent No.2

Issues

Whether the FIR and proceedings disclose a prima facie case for the offences alleged? Whether the prosecution is malafide and an abuse of process of law?

Submissions/Arguments

Petitioner argued that the complaint is false and motivated by a property dispute; the relationship was consensual and there was no promise of marriage. Respondent No.2 argued that the petitioner had sexual relations on false promise of marriage and committed offences.

Ratio Decidendi

The High Court held that where the allegations in the FIR do not disclose a prima facie case and the prosecution appears to be malafide, the inherent powers under Section 482 CrPC / Section 528 BNSS can be invoked to quash the proceedings to prevent abuse of process of law.

Judgment Excerpts

This petition is filed by the petitioner / accused under Section 528 of Bharatiya Nagarik Suraksha Sanhita – 2023 for quashing First Information and FIR in Crime No.180/2024... The case of the prosecution is that as per the first information lodged by the respondent No.2 before the police on 01.07.2024...

Procedural History

The petitioner filed a criminal petition under Section 482 CrPC and Section 528 BNSS before the High Court of Karnataka, Kalaburagi Bench, seeking quashing of FIR No. 180/2024 registered at Lingasugur Police Station for offences under Sections 376, 323, 506, and 420 IPC. The matter was heard and disposed of by a single judge on 30.09.2024.