Nithyakalyani Narayanan. V
The Supreme Court noted that although a relationship may start out as consensual, it may not stay that way forever. The observation was related to a case where a man had applied to the court under Article 136 of the Constitution after failing to get an FIR against him dismissed from the Karnataka High Court.
A division-Judge Bench comprising Justices Aniruddha Bose and Sanjay Kumar held, “Whenever one of the partners show their unwillingness to continue with such relationship, the character of such relationship at it was when started will not continue to prevail.”
AAG Muhammad Ali Khan represented the respondents, and Senior Advocate Vinay Navare represented the petitioner.
The respondent, a woman with whom the petitioner seems to have had a previous relationship, filed a formal complaint. According to Sections 342, 354, 366, 376(2)(n), 312, 201, 420, 506, and 509 of the Indian Penal Code and Sections 66(E), 67, and 67(A) of the Information Technology Act, 2000, she was accused of committing offences.
Later, their relationship deteriorated, and the petitioner’s complaints were addressed by the High Court. The petitioner’s senior attorney claimed that all of the accusations were a retaliation for the petitioner’s accusation of extortion and blackmail against the mentioned woman.
The Court went on to state that the criminal complaint did not lack the elements of the alleged acts and that the relationship had not remained consensual to warrant dismissal at the threshold.
Thus, the Court decided not to become involved with the contested order. Given the seriousness of the lady’s accusations, the court ordered that her identity be concealed in all documents related to the matter that is currently pending before it and the High Court. The High Court dismissed the petition under section 482 of the Criminal Procedure Code.
Name of the case: Rajkumar v. The State of Karnataka & Anr. (Petition(s) for Special Leave to Appeal (Crl.) No(s). 6279/2023).
Bench: Justices Aniruddha Bose and Sanjay Kumar.