- 1 - NC: 2025:KHC-D:3728 CRL.P No. 103423 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103423 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRI. SANTOSH S/O. PITAMBER BIRJE AGE. 39 YEARS, OCC. RETIRED ARMY, R/O. MURKAWAD, TQ. HALIYAL, DIST. KARWAR-581329. 2. SHRI. PITAMBER S/O. DEMANNA BIRJE AGE. 70 YEARS, OCC. NIL, R/O. MURKAWAD, TQ. HALIYAL, DIST. KARWAR-581329. …PETITIONERS (BY SRI. T.R.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS POLICE INSPECTOR OF DANDELI RURAL P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD. 2. SMT. MEENAKSHI W/O. SANTOSH BIRJE AGE. 31 YEARS, OCC. STOP NURSE, R/O. MURKAWAD, TQ. HALIYAL, DIST. KARWAR, NOW AT. KERAWAD ALUR GRAM, DANDELI, TQ. HALIYAL, DIST. KARWAR-580011. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 SRI. RAJASHEKAR, I.H., ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO. 09/2020 (ARISING OUR OF DANDELI RURAL P.S CRIME NO. 28/2019) DATED 02.06.2019 PENDING ON CIVIL JUDGE AND JMFC HALIYAL FILED AGAINST THESE PETITIONERS FOR THE Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:56 +0530 - 2 - NC: 2025:KHC-D:3728 CRL.P No. 103423 of 2022 OFFENCES PUNISHABLE UNDER SECTION 406 AND 417 R/W 34 OF IPC IN SO FAR THESE PETITIONERS HEREIN/ARRAYED AS ACCUSED NO.01 AND 2 RESPECTIVELY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners/accused Nos. 1 and 2, who have been charge-sheeted for offences punishable under Sections 406 and 417, read with Section 34 of the Indian Penal Code, 1860, are before this Court seeking to quash the criminal proceedings initiated against them. 2. The prosecution alleges that accused Nos. 1 and 2 induced the de facto complainant to contract marriage with accused No.1 by suppressing the pendency of a criminal case registered for offences punishable under Sections 376, 417, and 201 of the IPC. Following this inducement, the marriage was solemnized on 30.04.2019, and the First Information Report (FIR) was lodged on 02.06.2019. 3. Heard the learned counsel for the petitioners, the learned Additional Government Advocate for respondent No.1 (State), and the learned counsel for respondent No.2. 4. Admittedly, a case was registered against the petitioner for offences punishable under Sections 376 and 417 of the IPC. The alleged offence took place on 24.04.2017 and was reported on 07.05.2019, after the marriage of accused No.1 with the de facto complainant, which was solemnized on 30.04.2019. - 3 - NC: 2025:KHC-D:3728 CRL.P No. 103423 of 2022 Therefore, accused No.1 did not have an opportunity to disclose the registration of the criminal case against him. The criminal case registered against petitioner No.1 was tried by the learned Sessions Judge in S.C. No.108/2019 and ended in acquittal, vide judgment dated 09.08.2021. Additionally, petitioner No.1 was prosecuted for an offence under Section 417 of the IPC for an incident allegedly occurring in 2010. He was convicted by the Trial Court, vide order dated 07.09.2018 in C.C. No.268/2010, and on appeal, the Appellate Court set aside the conviction, vide judgment dated 11.11.2021 in Crl.A. No.5014/2018. 5. To constitute an offence punishable under Section 417 of the IPC, petitioner/accused No.1 must have induced the de facto complainant to marry with an intention to deceive at the time of inception. In the instant case, there is no allegation that, at the time of inception, petitioner/accused No.1 had any intention to deceive the de facto complainant. The essential elements required to constitute the offences under Sections 406 and 417 are conspicuously absent. 6. It is also to be noted that the marriage of accused No.1 with the de facto complainant has been dissolved by the jurisdictional Court in M.C. No.15/2019, vide judgment dated 23.12.2021, on the ground that the de facto complainant was subjected to cruelty by accused No.1. 7. In these circumstances, the continuation of criminal proceedings against the petitioners would be an abuse of the process of law. Hence, I pass the following: - 4 - NC: 2025:KHC-D:3728 CRL.P No. 103423 of 2022 ORDER i) Accordingly, the petition is allowed. ii) The criminal proceedings in C.C. No.9/2020 pending on the file of the Civil Judge & JMFC, Haliyal, insofar as it relates to petitioners/accused Nos.1 and 2, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 84