Karnataka High Court
Chaitra Y L vs State By Hanumanthanagara Ps on 10 March, 2023
Bench: K.Natarajan
-1-
CRL.P No. 7954 of 2022
C/W CRL.P No. 224 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 7954 OF 2022
C/W
CRIMINAL PETITION NO. 224 OF 2022
IN CRL.P NO. 7954/2022
BETWEEN:
SHRI SRINIVASA RAO,
S/O K.V.SHESHAGIRIRAO,
AGED ABOUT 26 YEARS,
R/AT 403, RAGA FORT APARTMENT,
VIDHYANAGARA 4TH CROSS,
BALLARI - 583 101.
Digitally
signed by
SUCHITRA M J
...PETITIONER
Location:
HIGH COURT
OF (BY SRI. P FREUD RICHARDSON.,ADVOCATE)
KARNATAKA
AND:
1. THE STATE OF KARNATAKA,
BY HANUMANTHANAGARA P.S.,
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS,
BENGALURU - 560 001.
2. SMT. HITYASHREE.P,
-2-
CRL.P No. 7954 of 2022
C/W CRL.P No. 224 of 2022
D/O SHRI PRAKASH NAIDU,
AGED ABOUT 29 YEARS,
NO.234, 6TH CROSS,
4TH MAIN, SRINIVASNAGAR,
BENGALURU - 560 050.
...RESPONDENTS
(BY SRI. MAHESH SHETTY., HCGP FOR R1,
SMT. PARVATHY R NAIR.,ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
DIRECT THE XXIV A.C.M.M., BENGALURU TO COMMIT THE
CRIMINAL CASE QUA THE PETITIONER TO THE COURT HAVING
JURISDICTION TO TRIAL THE CRIMINAL CASE IN
C.C.NO.7540/2021 ON THE FILE OF THE XXIV A.C.M.M.,
BENGALURU.
IN CRL.P NO. 224/2022
BETWEEN:
CHAITRA Y L,
D/O SATYANARAYANA Y,
AGED ABOUT 26 YEARS,
RESIDING AT NO. 1091,
35TH D CROSS,
4TH T BLOCK,
JAYANAGARA,
BENGALURU - 560 041.
...PETITIONER
(BY SRI. N KRISHNA MURTHY.,ADVOCATE)
-3-
CRL.P No. 7954 of 2022
C/W CRL.P No. 224 of 2022
AND:
1. STATE BY HANUMANTHANAGARA P.S.
BENGALURU - 560 050.
2. HITHYASHREE P,
D/O PRAKASH NAIDU,
AGED ABOUT 28 YEARS,
RESIDENT OF NO. 234,
6TH CROSS,
4TH MAIN,
SRINIVASANAGAR,
BENGALURU - 560 050.
...RESPONDENTS
(BY SRI. MAHESH SHETTY., HCGP FOR R1,
SMT. PARVATHY R NAIR.,ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE PROCEEDINGS AGAINST PETITIONER PENDING ON
THE FILE OF THE XXIV A.C.M.M., BENGALURU IN
CR.NO.187/2020 FOR THE ALLEGED OFFENCE P/U/S 313, 420,
376, 506, 504, 34 OF IPC BY ALLOWING THIS PETITION WITH
COST.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Smt. Parvathy R Nair appears for respondent No.2 in
both cases.
CRL.P No. 7954 of 2022
C/W CRL.P No. 224 of 2022
Crl.P.7954/2022 is filed by petitioner/accused No.1
and Crl.P.224/2022 is filed by petitioner/accused No.2
under Section 482 of the Cr.P.C for quashing the criminal
proceedings in Crime No.187/2020 registered by
Hanumanthanagar police in C.C.No.7540/2021 pending on
the file of XXIV Additional Chief Metropolitan Magistrate,
Bengaluru.
2. During the pendency of the petition, respondent No.2
and petitioner/accused No.1 appeared through their
respective counsel and filed a joint compromise petition
seeking permission of this Court for compounding the
offence as they settled their issues.
3. Heard learned counsel for the petitioner in both
cases.
4. Learned counsel for the petitioner submits that there
was love affair between accused No.1 and respondent
No.2 and he has failed to marry respondent No.2,
therefore, the complaint came to be filed and the police
filed charge-sheet against accused Nos.1 and 2.
CRL.P No. 7954 of 2022
C/W CRL.P No. 224 of 2022
5. Learned counsel for petitioner/accused No.2 submits
that accused No.1 promised that he will going to marry
accused No.2 because of that, the name of accused No.2
was arrayed in the complaint and in the chargesheet, and
there is no allegation against accused No.2.
6. In several decisions, this Court has quashed the
criminal proceedings when the complainant/victim girl and
petitioner/accused were under take to settle their issue
and also held that a major woman and the
petitioner/accused were having a sexual affair, which
cannot constitute an offence under Section 376 of I.P.C.
and will also not attract Section 417 of the I.P.C. In view
of the judgment passed by this Court and at present,
petitioner/accused No.1 and respondent No.2 came for
setting their issue considering the same and the affidavits
filed by both the parties, parties were permitted to
compound the offence.
7. Accordingly, I.A.No.1/2023 is allowed. In view of the
compromise between accused No.1 and respondent No.2,
CRL.P No. 7954 of 2022
C/W CRL.P No. 224 of 2022
accused No.2 is made as accused, and there is no
averment made against accused No.2 expect that accused
No.1 said to have uttered the word that he was going to
marry accused No.2. Such being the case, the proceedings
against accused No.2 is also required to be quashed.
Hence, I proceed to pass the following;
ORDER
Both criminal petitions are allowed.
The criminal proceedings against
accused Nos.1 and 2 in crime No.187/2020
pending on the file of XXIVth Additional Chief
Metropolitan Magistrate, Bengaluru is hereby
quashed.
Sd/-
JUDGE
HDK
stk
