- 1 - HC-KAR NC: 2025:KHC:29657 CRL.P No. 8666 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 8666 OF 2025 BETWEEN: 1. VISHAL RAGHUNATH SHERE AGED ABOUT 43 YEARS S/O RAGHUNATH SHERE NO. 204, BUILDING NO. L4/A ASHWATH SOCIETY, NEW MHADA COLONY PRATIKSHA NAGAR, SION EAST, MUMBAI MAHARASHTRA - 400 022. MOBILE NO 91-98194 18633 EMAIL ID: SHEREVISHAL22@GMAIL.COM …PETITIONER (BY SRI. GANESH .K, ADVOCATE) AND: 1. STATE OF KARNATAKA BY GIRINAGAR POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. 2. ARCHANA .L AGED ABOUT 42 YEARS D/O LAKSHMAN DAS A. NO. 3502, SANSKRUTHI 2ND FLOOR, 3RD CROSS GIRINAGAR 4TH PHASE BSK IIIRD STAGE BENGALURU - 560 085. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29657 CRL.P No. 8666 of 2025 MOBILE NO. 91-99020 43846 EMAIL ID: ARCHANARAO.LLB@GMAIL.COM …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1; SRI. C. GANGARAJU, ADVOCATE FOR R2;) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 02.06.2025, IN S.C.NO.289/2024, PASSED BY LIII ADDL. CITY CIVIL AND SESSIONS SPECIAL JUDGE, BENGALURU ON APPLICATION FILED BY THE PETITIONER U/S 250 OF THE BNSS, 2023 VIDE ANNEXURE-A1. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER. The captioned petition is filed under Section 482 of Cr.P.C. by the accused in SC.No.289/2024 pending on the file of LIII Additional City Civil and Sessions Special Judge, Bengaluru, arising out of Crime No.0436/2023 registered with Girinagar Police Station, Bengaluru, for the offences punishable under Sections 376, 323, 417 and 506 of IPC with a prayer to quash the same. 2. An application is filed under Section 320 read with Section 482 of the Code of Criminal Procedure, - 3 - HC-KAR NC: 2025:KHC:29657 CRL.P No. 8666 of 2025 seeking permission to compound the offences in S.C. No.289/2024 and, in consequence, to quash the entire proceedings in S.C. No.489/2024. Along with the application, an affidavit sworn to by respondent No.2/defacto complainant has been placed on record. 3. Learned counsel appearing for the petitioners/accused and respondent No.2 jointly submit that the dispute between the parties has been amicably resolved with the intervention of family members and well- wishers. In the affidavit, it is stated that both the petitioner and respondent No.2/defacto complainant have mutually agreed to put an end to the dispute without any monetary or material consideration. Respondent No.2 has, in unequivocal terms, expressed her no-objection to the quashing of proceedings pending in S.C. No.489/2024 in view of the settlement. 4. This Court has personally interacted with respondent No.2/defacto complainant, who has - 4 - HC-KAR NC: 2025:KHC:29657 CRL.P No. 8666 of 2025 categorically stated that the settlement has been arrived at voluntarily, without any threat, coercion, or undue influence. 5. Upon perusal of the joint application, the charge sheet, and the complaint lodged by respondent No.2 which led to registration of Crime No.0436/2023 for the offences punishable under Sections 376, 323, 417, and 506 of the IPC, this Court finds that the materials prima facie indicate that the relationship between the petitioner and respondent No.2 was consensual. The statement of the accused also discloses that he had expressed his willingness to adopt the child of respondent No.2, coupled with a promise to marry her. 6. The Hon’ble Supreme Court, in Prashant v. State of NCT of Delhi, SLP (Crl.) No.2793/2024, has held that where both parties are mature adults and there is no coercion, force, or deceit vitiating consent, a mere promise - 5 - HC-KAR NC: 2025:KHC:29657 CRL.P No. 8666 of 2025 to marry followed by a consensual relationship would not attract the offence under Section 376 IPC. 7. In the present case, the allegations have been withdrawn by respondent No.2 and the parties have resolved their dispute. However, it is significant to note that the offences alleged are not compoundable within the meaning of Section 320 Cr.P.C., and therefore, this Court cannot permit compounding in law. Nonetheless, in view of the amicable settlement, the voluntary withdrawal of allegations by the complainant, and the nature of the dispute, this Court is of the considered view that continuing the prosecution would serve no useful purpose and would amount to an abuse of the process of law. 8. In exercise of its inherent powers under Section 482 Cr.P.C., this Court deems it just and proper to quash the proceedings in S.C. No.289/2024, notwithstanding that the offences are non-compoundable, in order to secure the - 6 - HC-KAR NC: 2025:KHC:29657 CRL.P No. 8666 of 2025 ends of justice and to prevent the abuse of the process of the Court. 9. Accordingly, this Court proceeds to pass the following: ORDER (i) The petition stands allowed. (ii) The entire proceedings in S.C. No.289/2024, pending on the file of the LIII Additional City Civil and Sessions Judge and Special Judge, Bengaluru, for the offences punishable under Sections 376, 323, 417, and 506 of the IPC, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 3 Sl No.: 2