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2025 DAILYLAW 24860 (KAR)

SRI RUTHWIK CHANDRA M v. STATE OF KARNATAKA

CRL.P/6263/2025 · 2025-04-24

Hemant Chandangoudar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:16995 CRL.P No. 6263 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 6263 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI RUTHWIK CHANDRA M AGED ABOUT 21 YEARS, S/O MADHUKESH, R/AT FALT NO.205, SLV GARDENCITY APARTMENT, GUBBALALA, SUBRAMANYAPURA POST BANGALORE CITY, BANGALORE-560 061. …PETITIONER (BY SRI. PRUTHVEEN PRALHAD KATTIMANI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THALAGHATPURA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU -560 001. 2. PALLAVI S AGED ABOUT 20 YEARS D/O SIDDALINGAIAH, R/A 78, 2ND MAIN ROAD, NEAR GOVERNMENT SCHOOL, SHIVANAGARA, RAJAJINAGARA, BENGALURU - 560 010. …RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1; SRI. B.C. VENKATESH, ADVOCATE FOR R2) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16995 CRL.P No. 6263 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR DATED 19.12.2024 AND CHARGE SHEET DATED 12.02.2025 BEARING CRIME NO.0512/2024 P/U/S. 69, 322 OF BNS OF 2023, SUBMITTED BY RESPONDENT NO.1 BEFORE II ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL, BENGALURU IN CC.NO.587/2025 THALAGHATTAPURA POLICE STATION AND ETC. 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 learned High Court Government Pleader accepts notice for respondent No.1. 2. Sri B.C. Venkatesh, learned counsel, files vakalatnama on behalf of respondent No.2. 3. The petitioner (accused No.1), who has been charge-sheeted for offences punishable under Sections 69, 352, and 3(5) of the Bharatiya Nyaya Sanhita, 2023, is before this Court seeking relief. 4. The prosecution alleges that the petitioner and respondent No.2 were in a relationship, and the petitioner, by promising to marry, induced respondent No.2 to engage in sexual intercourse by fraudulently obtaining her consent. - 3 - NC: 2025:KHC:16995 CRL.P No. 6263 of 2025 5. The parties are present before this Court. Respondent No.2 (the survivor) has filed an affidavit stating that she was in love with the petitioner; however, due to unavoidable circumstances, their marriage could not be solemnized. She further states that, due to misunderstandings and miscommunication, a complaint was lodged against the petitioner. As per the settlement, the de facto complainant has agreed to withdraw all allegations and has no objection to quashing the impugned proceedings. To maintain a cordial relationship and prevent future hostility, proceeding with the case despite the compromise would amount to an abuse of the process of law. The said affidavit is placed on record. 6. Although the offences alleged against the petitioner are cognizable and non-compoundable, considering the amicable resolution between the parties, subjecting the petitioner to trial would serve no purpose. The likelihood of conviction is remote and bleak in light of the settlement. Therefore, continuing criminal proceedings against the petitioner would amount to an abuse of the legal process. - 4 - NC: 2025:KHC:16995 CRL.P No. 6263 of 2025 7. Accordingly, the petition is allowed. 8. The impugned proceedings in CC No.587/2025 pending on the file of the learned II Additional Chief Judicial Magistrate, Bengaluru Rural, Bengaluru, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 2 Sl No.: 7