The High Court of Karnataka addressed a petition to quash criminal proceedings for cheating, rape, and related offences arising from an alleged promise of marriage followed by sexual relations without intent to marry, applying established judicial precedents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER 2016
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.769 OF 2016
BETWEEN:
Mr. Shivashankar @ Shiva, Son of Veera Shetty, Aged about 37 years, Residing at No.68, 11th Main, M.C.Layout, Vijayanagara, Bangalore – 560 079.
…PETITIONER
(By Shri B.V.Pinto, Advocate)
AND:
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Bangalore – 560 003.
…RESPONDENTS
(By Shri Chetan Desai, Government Pleader for Respondent No.1;
Smt. Nalina K., Advocate for Respondent No.2)
This Criminal Petition filed under Section 482 code of Criminal Procedure, 1973, praying to quash the proceedings in C.C.No.6820/2015 on the file of XXIV Additional Chief Metropolitan Magistrate Court at Bangalore, arising out of Crime No.254/2014 of Vijayanagara Police Station, for the offence punishable under Sections 420, 376, 323 and 506 of IPC.
This Criminal Petition coming on for Admission this day, the court made the following:
O R D E R
Heard the learned counsel for the petitioner.
respondent, who was a divorcee. It transpires that on the promise of marriage, he had a continued sexual relationship
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with her and thereafter had resiled from his promise to marry
her.
marriage and has a sexual relationship and if it is established that from inception he never had the intention to marry the woman, then it would be construed as rape. This is the law laid down in the case of Deelip Singh alias Dilip Kumar vs. State of Bihar (2005) 1 SCC 88.
circumstance in bringing the charges home. The petition is rejected.
Sd/- JUDGE
KS
3 issues framed by the court
Whether the accused can be convicted of rape if a man promiscuously engages in sexual relation with a woman by inflicting a deception that he intends to marry her in the wake of a relationship they sh
Whether the petitioner's petition for quashing the criminal proceedings is maintainable under Section 482 CrPC for the offences alleged.
Is the burden on the prosecution to establish that the accused had no intention to marry from the inception of the relationship only in the event a man promises marriage and has a sexual relationship
Colour shows how this judgement treated each authority
Deelip Singh alias Dilip Kumar vs. State of Bihar (2005) 1 SCC 88Explained¶30
Deelip Singh alias Dilip Kumar vs. State of Bihar (2005) 1 SCC 88 · Who else cites this
4 provisions across 1 enactments
Mr. Shivashankar @ Shiva
The State of Karnataka through Vijayanagara Police Station
Smt. Divyamba B.C.
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
