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High Court of Karnataka · body

2025 DAILYLAW 23046 (KAR)

EHSAN REHAMAN v. THE STATE BY

CRL.P/4967/2025 · 2025-04-07

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:14706 CRL.P No. 4967 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.4967 OF 2025 BETWEEN: 1. EHSAN REHAMAN AGED ABOUT 22 YEARS S/O B.B. HUSSAIN NO. 4-16/A1, A,R, COMPOUND BABBUKATTE, PERMANNURU MANGLORE, D.K KARNATAKA - 575 017. …PETITIONER (BY SRI. ABDUL ANSAR .P, ADVOCATE) AND: 1. THE STATE BY MANGLORE NORTH P.S REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU -01. 2. DHANVI SHETTY D/O DINESH SHETTY AGED ABOUT 18 YEARS R/A BAABU SHETTY COMPOUND DHARBE PUTTUR, MANGALORE CITY KARNATAKA. …RESPONDENTS (BY SRI. LAKSHMAN .B, HCGP FOR R1; SRI. ABUBACKER SHAFI, ADVOCATE FOR R2) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:14706 CRL.P No. 4967 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR AND COMPLAINT REGISTERED AGAINST THE PETITIONER BY RESPONDENT MANGALORE NORTH PS, IN CR.NO.33/2025 FOR THE ALLEGED OFFENCES P/U/S 74, 64 OF BNS, 2023 PENDING ON THE FILE OF THE 2ND JMFC AT MANGALORE D.K. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Respondent No.2 lodged a First Information Report stating that on 07.03.2025, accused No.1 took her to a room and, against her consent, hugged her and committed forcible sexual intercourse. 2. Respondent No.2 has filed an affidavit stating that the complaint was filed at the instance of third parties. She further stated that the petitioner neither engaged in any forcible sexual intercourse nor committed any offence against her. She submits that she is willing to withdraw all allegations and has no objection to quashing the impugned proceedings in order to maintain a cordial relationship with the petitioner and to avoid future hostility. 3. The affidavit is taken on record. 4. Although the offences alleged against the petitioner are cognizable and non-compoundable, considering the - 3 - NC: 2025:KHC:14706 CRL.P No. 4967 of 2025 fact that respondent No.2 has agreed to withdraw all allegations and has no objection to quashing the impugned proceedings, it would be futile to subject the petitioner to investigation, since the probability of the police filing a charge sheet is remote in view of the settlement. In such circumstances, continuation of the investigation would amount to an abuse of the process of law. 5. Accordingly, I pass the following: ORDER i) The Criminal Petition is allowed; ii) The impugned proceedings in Crime No.33/2025 registered by Mangalore North Police Station on the file of the learned II JMFC, Mangalore, D.K is hereby quashed. iii) I.A.No.1/2025 does not survive for consideration. Hand delivery ordered. Sd/- (HEMANT CHANDANGOUDAR) JUDGE NBM List No.: 1 Sl No.: 22