- 1 - NC: 2025:KHC-D:3674 CRL.P No. 100902 of 2025 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. 100902 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. DEEPAK @ DEEPANNA S/O. LAKSHAMANA @ LAKSHMAPPA MALI, AGE. 25 YEARS, OCC. FARMER, R/O. HUNASHIHAL TANDA-583231, TQ. YELBRUGA, DIST. KOPPAL. …PETITIONER (BY SRI. NEELENDRA D.GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BEVOOR POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. 2. COMPLAINANT R/O. HUNASHIHAL TANDA-583231, TQ. YELBURGA, DIST. KOPPAL. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. DHANANJAYA MADAR, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE PROCEEDINGS IN SC NO.97/2021 PENDING ON THE FILE OF PRL.DISTRICT AND SESSIONS JUDGE, KOPPAL, FOR THE OFFENCES PUNISHABLE U/S 363, 376 OF IPC, AND ALLOW THE ABOVE CRIMINAL PETITION AS AGAINST THE PETITIONER/ACCUSED, IN CRIME NO.73/2021 OF BEVOOR POLICE STATION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:45 +0530 - 2 - NC: 2025:KHC-D:3674 CRL.P No. 100902 of 2025 ORAL ORDER 1. The learned Additional Government Advocate accepts notice for respondent No.1, and Sri Dhananjaya Madar, learned counsel, has filed power on behalf of respondent No.2. 2. The petitioner, who is facing trial for offences punishable under Sections 363 and 376 of the IPC, is before this Court seeking relief. 3. The prosecution alleges that the victim, who was about 18 years old at the time of the incident, went to answer nature’s call on 15.09.2021 when the petitioner took her away to a field and forcibly had sexual intercourse with her. Thereafter, elders and family members came to the scene and removed the victim. 4. The parties are present before the Court and have filed an application for compounding, stating that the sexual intercourse was consensual and that, as a result, a male child was born who is less than one year old. Subsequently, their marriage was solemnized on 15.06.2023, and they have undertaken to register their marriage with the competent authority. 5. Although the offences alleged are cognizable and non- compoundable, in view of the fact that the parties have amicably resolved the issue among themselves—and the survivor, who is present before the Court, has stated that the sexual intercourse was consensual and that she and her child depend on the petitioner to meet their daily needs—it would be futile to subject the - 3 - NC: 2025:KHC-D:3674 CRL.P No. 100902 of 2025 petitioner to trial, as the probability of his conviction is remote and bleak in light of the settlement. Therefore, the continuation of criminal proceedings against the petitioner would be an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in SC No.97/2021 on the file of learned Prl. District and Sessions Judge, Koppal, is hereby quashed. Bail bonds, if any, stands discharged. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 25