- 1 - NC: 2025:KHC-D:3955 WP No. 101084 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 101084 OF 2025 (GM-RES) BETWEEN: 1. SHRI. V. MADHU S/O. RAMANJANEYALU AGE. 33 YEARS, R/O. GANDHINAGAR, RAYADURGA TOWN, DIST. ANANTHPURA-510051. 2. SHRI. GOVINDA @ VADDE GOVINDA S/O. SHRI. LATE DORESWAMY, AGE. 52 YEARS, R/O. GANDHINAGAR, RAYADURGA TOWN, DIST. ANANTHPURA-510051. 3. SHRI. PARAMESHI S/O. MAGADI HANUMAPPA AGE. 51 YEARS, R/O. SATTURU GOLLARAHATTI GRAMA, HARAPPANAHALLI TALUK, DIST. VIJAYANAGARA-583131. 4. SHRI. ANJINAPPA S/O. SHRI. LATE PALPPA AGE. 39 YEARS, R/O. HOSAHALLI GRAMA, HARAPPANAHALLI TALUK, DIST. VIJAYANAGARA-583131. 5. SHRI. SHANMUKHAYYA S/O. SHRI. GURUNANJAYYA, AGE. 42 YEARS, R/O. NICHHAVVANAHALLI GRAMA, HARAPPANAHALLI TALUK, DIST. VIJAYANAGARA-583131. 6. SHRI. OBAPPA S/O. SHRI. PALAPPA AGE. 36 YEARS, OCC. HOSALLI GRAMA, HARAPPANAHALLI TALUK, DIST. VIJAYANAGARA-583131. …PETITIONERS (BY SRI. SRINIVAS B.NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH RANGE FOREST OFFICER, FOREST MOBILE SQUADS (VIGILANCE) BALLARI, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3955 WP No. 101084 of 2025 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. T.HANUMAREDDY, AGA) THIS WRIT PETITION IS FILED UNDER ACRTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA AND SECTION 482 OF Cr.P.C. R/W 528 OF BNSS, PRAYING TO, ISSUE A WRIT OF CERTIORARI AND QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.169/2020 ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC, BALLARI, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 9, 39, 40, 44(2), 36, 48(A), 49(B) 50, R/W SECTION 51 OF WILD LIFE (PROTECTION) ACT, 1972, INSOFAR AS THE PETITIONERS ARE CONCERNED, VIDE ANNEXURE A, B AND C IN THE ENDS OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned Additional Government Advocate accepts notice on behalf of Respondent No. 1, and the learned counsel, Shri Sabeel Ahmed, has filed a power of attorney on behalf of Respondent No. 2. 2. The petitioner, who has been convicted of the offence punishable under Section 417 of the IPC, has approached this Court seeking relief. 3. The petitioner was convicted on the ground that he fraudulently induced Respondent No. 2 to engage in sexual intercourse by promising to marry her. The petitioner and Respondent No. 2 are present before the Court and have filed an - 3 - NC: 2025:KHC-D:3955 WP No. 101084 of 2025 application for compounding, stating that they have amicably resolved their dispute. Furthermore, Respondent No. 2 has agreed to withdraw all allegations against the petitioner and has no objection to setting aside the impugned judgment of conviction and order of sentence. Moreover, the petitioner has paid a sum of Rs.15 lakhs to Respondent No. 2 as a full and final settlement and has undertaken to maintain the children born out of the said relationship. 4. The Apex Court, in the case of Ramagopal and Another v. State of Madhya Pradesh, held that criminal proceedings involving non-heinous offences or offences predominantly of a private nature can be annulled, even if the trial has concluded or an appeal has been dismissed. The Court emphasized that punishment is not the only form of justice and that the uniform application of laws is subject to lawful exceptions. In cases where a compromise is reached after conviction, the High Court should exercise its discretion with due regard to the circumstances, the manner in which the compromise was reached, the nature and seriousness of the offence, and the conduct of the accused both before and after the incident. 5. In the present case, the petitioner and the de facto complainant were in a long-term relationship, and children were born out of that relationship. This clearly implies that the sexual intercourse was consensual, and a mere breach of a promise to marry does not constitute the offence of cheating or rape unless it - 4 - NC: 2025:KHC-D:3955 WP No. 101084 of 2025 is established that the consent was obtained fraudulently at the inception with an intent to deceive. The prosecution has failed to establish the same. 6. In view of the decision of the Apex Court in the aforementioned case, I deem it fit to set aside the impugned judgment of conviction by allowing this petition. 7. Accordingly, the petition is allowed. The impugned judgment of conviction and the order of sentence dated 16.01.2012, passed in C.C. No. 1110/2002 by the learned II Additional Civil Judge & JMFC-II, Dharwad, are hereby set aside. 8. The petitioner is hereby acquitted of the aforesaid offence, and any bail bond, if applicable, stands discharged. 9. Any pending applications, if any, are disposed of as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 4 Sl No.: 10