Karnataka High Court Quashes Rape Case Filed by Woman Who Withdrew Consent Midway During Hotel Encounter

The Karnataka High Court has quashed a rape case filed against a 23-year-old man by a woman who alleged that she had withdrawn her consent during a sexual encounter in a hotel room.

Justice M. Nagaprasanna passed the order after observing that the relationship between the man and the complainant, whom he had met through the dating app Bumble, was consensual.

The judge also noted that the police had overlooked the chat messages exchanged between the two. Referring to the chats, the Court said, “They are not in good taste and cannot be reproduced in the order, but they clearly show that the acts between the petitioner and the complainant were consensual.”

According to the complaint filed on August 13, the woman met the accused on Bumble about a year ago and they stayed in touch through Instagram. They decided to meet in person on August 11. After the accused picked her up from her apartment, they went to a hotel. The woman alleged that when the accused started making advances, she withdrew her consent for sexual intercourse, but he ignored it and went ahead, amounting to rape. She claimed that she experienced pain later and visited a hospital before filing the complaint, which led to the registration of a case under Section 64 of the Bharatiya Nyaya Sanhita (BNS).

The counsel for the accused argued that the physical relationship was fully consensual and that the complainant had been an active user of Bumble. However, the State opposed the plea, contending that the accused should prove his innocence during trial.

After examining the evidence and referring to previous Supreme Court judgments, Justice Nagaprasanna ruled in favour of the accused. The Court remarked:

“The Supreme Court has clearly drawn a distinction between consensual intimacy and the serious allegation of rape. A relationship born out of mutual consent, even if it ends in disappointment, cannot be turned into a criminal offence. Allowing such a case to proceed would result in a miscarriage of justice and abuse of legal process.”

Advocate Athreya C. Shekar represented the accused, while Additional Special Public Prosecutor B.N. Jagadesha appeared for the State.