Sri V N Siddesh vs State By Dabbaspet Police
2022 Latest Caselaw 12608 Kant

                            1


      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 27TH DAY OF OCTOBER, 2022

                         BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

           CRIMINAL PETITION NO.9333 OF 2022

BETWEEN

SRI V N SIDDESH
S/O NAGARAJU
AGED ABOUT 33 YEARS
R/AT VADAVANAGHTTA
KALLUR CROSS
KADABA HOBLI
GUBBI TALUK
TUMAKURU DISTRICT-572130.                ... PETITIONER

(BY SRI SOMASHEKHARAIAH R P, ADVOCATE)

AND

1 . STATE BY DABBASPET POLICE
    REP. BY STATE PUBLIC PROSECUTOR
    HIGH COURT OF KARNATAKA
    BENGALURU-560001.

2 . SMT S SOWMYA
    D/O SIDDARAJU
    AGED ABOUT 34 YEARS
    C/OF KENCHANNA
    MUNIRAJU LAYOUT
    AGALAGUPPE ROAD
    DABASPET TOWN
    NELAMANGALA TALUK
    BENGALURU DISTRICT-562123.
                                         ...RESPONDENTS
(BY SRI B.J. ROHITH, HCGP FOR R1
 SRI RAMESH KUMAR V., ADVOCATE FOR R2)
                              2


      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEEDURE, PRAYING TO QUASH
THE FIR REGISTERED IN CR.NO.74/2022 DATED 23.04.2022
REGISTERED BY THE RESPONDENT NO.1 POLICE FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 323, 504, 506, 420,
376 R/W 34 OF IPC UNDER ANNEXURE-A ON THE FILE OF THE
PRL.CIVIL JUDGE (SR.DN) AND C.J.M COURT NELAMANGALA,
BENGALURU RURAL DISTRICT.

      THIS CRIMINAL PETITION COMING ON FOR ADMISSION,
THIS DAY THE COURT MADE THE FOLLOWING:

                           ORDER

Learned HCPG takes notice for respondent No.2

2. This petition is filed under Section 482 of Cr.P.C

for quashing FIR in Crime No.74/2022 dated 23.04.2022

registered by respondent No.1/police Station for the

offence punishable under Sections 323, 504, 506, 420,

376 read with 34 of IPC. .

3. During the pendency of this petition, the

petitioner as well as respondent No.2/defacto complainant

appeared before the Court and filed an application for

quashing the FIR and seeking permission for the same.

The learned counsel for the petitioner submits both of

them are married and divorced, thereafter they became

friends. As per the complainant, the petitioner is said to

have had sexual intercourse with the defacto complainant

on the promise of marriage but not married, therefore, this

complaint came to be filed. The respondent No.2 appeared

before the Court and submits no objection to quash the

complaint and states that she is not interested to

prosecute the matter. The submission of the respondent

No.2 and the counsel for respondent No.2 is placed on

record.

4. It is well settled by the Hon'ble Supreme Court as

well as various judgments of this Court that the promise of

marriage and having intercourse cannot be a case for filing

case under Section 376 of IPC. Now the petitioner and

respondent No.2 filed separate affidavits along with their

applications for compounding the offence. Therefore,

considering the facts and circumstances of the case, the

parties are not interested in prosecuting the matter and

wants to settle the issue, the petitioner is also married

person. Such being the case, continuing the process

amounts to abuse of process of law, therefore parties are

permitted to compound the offence.

Consequently, the applications are allowed and the

criminal petition is allowed.

The FIR and proceedings against the petitioner in

Crime No.74/2022 dated 23.04.2022 registered by the

Nelamangala Circle, Dobbaspet Police Station is hereby

quashed.

Sd/-

JUDGE AKV