- 1 - NC: 2025:KHC:10865 WP No. 22308 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 22308 OF 2024 (GM-RES) BETWEEN: 1. MAHESHA. L. SALIAN S/O LATE LINGAPPA SALIAN, AGED ABOUT 30 YEARS, R/AT NO.3-144, KEMMAR ESTATE NEAR SHASHIMANGALA GAS AGENCY, IDYA VILLAGE, SURATKAL, MANGALORE-575 014. …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: 1. THE STATE BY MAHILA POLICE STATION, MANGALORE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALORE-560 001. 2. KUM. CHAITRA D/O NAGARAJA, AGED ABOUT 30 YEARS, R/AT DOOR NO.123, VIGHNESHWARA NILAYA, ALTHARU, HANAGADI, SAIBRAKATTE, UDUPI-576 210. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; R2 - UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CRPC PRAYING TO SETTING ASIDE THE ORDER OF COGNIZANCE IN CC NO.304/2024, DATED 01.02.2024 PRODUCED AT ANNEXURE-A, Digitally signed by R HEMALATHA Location: High Court of karnataka - 2 - NC: 2025:KHC:10865 WP No. 22308 of 2024 PENDING AGAINST THE PETITIONER, (CRIME NO.81/2023 OF MAHILA PS, MANGALORE), PENDING ON THE FILE OF JMFC III COURT, MANGALORE, REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 376, 384, 417, 504, 506 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner, who is sought to be prosecuted for the offences punishable under Sections 376, 384, 417, 504, 506 of IPC, is before this Court seeking relief. 2. The prosecution alleges that the petitioner - accused by promising to marry induced the de facto complainant to have sexual intercourse, and also borrowed money. Thereafter, the petitioner refused to marry and threatened the de facto complainant that he discloses her relationship by sharing photographs in the social media. 3. The respondent No.2 though served with notice has not chosen to appear in person or through her counsel, she is placed exparte. 4. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent No.1 - State. 5. In the statement recorded under Section 164 of Cr.PC, the de facto complainant has stated that she was in - 3 - NC: 2025:KHC:10865 WP No. 22308 of 2024 relationship with the petitioner - accused for more than seven years, the sexual intercourse between them was consensual one, and however, for the past two to three years, the petitioner is refusing marry her. 6. Perusal of the charge sheet material disclosed that except the allegation that the petitioner breached the promise to marry, and there is no material to substantiate that the petitioner - accused induced the de facto complainant to have sexual intercourse by fraudulently obtaining the consent at the time of incident by promising to marry her. 7. Admittedly, the petitioner and the de facto complainant were in relationship for more than seven years, and the FIR was lodged only after the relationship between them was strained. In such circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law. 8. Accordingly, the petition is allowed. The impugned proceedings in CC No.304/2024 pending on the file of the learned JMFC III Court, Mangalore, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 91