Bengaluru: In a significant judgment, the Karnataka High Court has quashed a rape case filed against a 23-year-old man after observing that the sexual relationship between him and the complainant was consensual. The woman had alleged that she withdrew her consent during the encounter in a hotel room.

Case background

The order was passed on October 25 by a single-judge bench of Justice M. Nagaprasanna, who held that the material on record — including digital conversations — indicated that both parties were in a consensual relationship.

The man and the woman reportedly met through the dating app Bumble and continued to stay in touch via Instagram before deciding to meet in person on August 11. According to the woman’s complaint dated August 13, the two went to a hotel after he picked her up from her residence.

She alleged that when he initiated physical intimacy, she withdrew her consent but was ignored, following which the accused allegedly raped her. The next morning, he dropped her home, after which she approached the police and filed a complaint under Section 64 of the Bharatiya Nyaya Sanhita (BNS).

Court observations

Justice Nagaprasanna took note of the accused’s submission that the investigating police had disregarded crucial chat messages exchanged between him and the complainant.

“The chats are not in good taste nor can be reproduced in the course of the order. It would only indicate that the acts between the petitioner and the second respondent/complainant are all consensual,” the court noted.

The judge added that the nature of communication between the two reflected mutual agreement, and therefore, continuing criminal proceedings would amount to an abuse of the process of law.

Arguments from both sides

Appearing for the accused, Advocate Athreya C. Shekar contended that the relationship was consensual and that the complaint was an afterthought. He pointed out that the woman had been an active user of the Bumble app and voluntarily met the petitioner.

On the other hand, Additional Special Public Prosecutor B.N. Jagadesha, representing the State, argued that the issue of consent was a matter of evidence and should be decided at the stage of trial. He opposed the quashing of the FIR, contending that the accused should prove his innocence before the court.

Final decision

After reviewing the chats and referring to Supreme Court precedents on consent and sexual relationships, the Karnataka High Court quashed the rape case, holding that the relationship did not amount to rape as defined under the law.

Justice Nagaprasanna emphasised that the evidence on record clearly demonstrated mutual consent and that prosecuting the accused would serve no purpose.

Legal and social implications

The verdict has reignited discussions around consent, dating apps, and the interpretation of sexual consent in contemporary relationships. Legal experts noted that while the judgment is specific to the facts of this case, it underlines the judiciary’s reliance on electronic evidence to assess intent and consent.

Meanwhile, women’s rights groups have urged caution, highlighting that withdrawal of consent, even in an ongoing consensual act, must always be respected.

The case also reflects the evolving nature of sexual offence laws under the Bharatiya Nyaya Sanhita (BNS), which replaced the Indian Penal Code earlier this year.