- 1 - NC: 2025:KHC:9793 CRL.P No. 3198 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3198 OF 2025 BETWEEN: SRI. GAJENDRA RAO AGED ABOUT 29 YEARS, S/O. DEVA RAO. R/AT. NO. NAGAGONDAPALLI VILLAGE, THALLY POST, DANKANIKOTE TALUK KRISHNAGIRI DIST-635 118 …PETITIONER (BY SRI. SHASHIDHAR G., ADVOCATE) AND: 1. STATE BY KUMARSWAMY LAYOUT POLICE STATION, BENGALURU-560 075, REPT BY SPP HIGH COURT, BENGALURU - 560 001. 2. SMT . PAVITHRA, W/O. BALAJI RAO, R/AT, NO. 16/1. 1ST CROSS, CABLE OFFICE ROAD, YELLACHENAHALLI, KANAKANAGAR, BENGALURU-560 078 …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9793 CRL.P No. 3198 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO 1. QUASH THE FIR REGISTERED IN CR.NO.42/2025 FOR THE OFFENCE P/U/S 137(2) OF BNS 2023 OF 1ST RESPONDENT POLICE WHICH IS PENDING ON THE FILE OF THE XXXI ADDL.C.J.M COURT BENGALURU CITY THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The registration of the FIR for the offence punishable under Section 137(2) of BNS, 2023 is challenged in this petition. 2. The second respondent lodged the First Information Report stating that her daughter’s engagement was conducted with the petitioner, who is her relative, eight months prior to the filing of the complaint. According to the petitioner’s family members, the petitioner was 31 years old at the time, and subsequently, the engagement was broken due to certain differences. On 17.02.2025, when she returned from work, the second respondent noticed that her daughter was missing and alleged that the petitioner had forcibly taken her. 3. The petitioner/accused, the victim, and the victim’s father are present before this Court, asserting that the marriage of the victim to the accused was solemnized on - 3 - NC: 2025:KHC:9793 CRL.P No. 3198 of 2025 23.02.2025, and that the victim voluntarily went with the petitioner/accused; she further contends that the accused did not take her by force. Although the offence alleged is cognizable and non-compoundable, the victim’s categorical statement that she voluntarily accompanied the accused makes it highly unlikely that the police will file a charge sheet against the petitioner/accused. Consequently, continuing the investigation appears futile. 4. Under these circumstances, the continuation of the investigation would amount to an abuse of the process of law. Hence, I pass the following: ORDER i. Accordingly, petition is allowed. ii. The impugned FIR in Crime No.42/2025 registered by the Kumaraswamy Police Station, Bengaluru City, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KNM List No.: 1 Sl No.: 59 CT:SNN