- 1 - NC: 2025:KHC-D:3376 CRL.P No. 102108 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102108 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. MANJUNATH YALLAPPA TAHASHILDAR, AGE. 33 YEARS, OCC. SERVICE, R/O. GURUWAR PETH, UPPAR GALLI, GOKAK, NOW AT NEAR VIVEKANAND SCHOOL, CHALUKYA NAGAR, BADAMI-587201. …PETITIONER (BY SRI. G.B.NAIK AND SMT. P.G.NAIK, ADVOCATES) AND: 1. THE STATE R/BY STATE PUBLIC PROSECUTOR, DHARWAD BENCH, DHARWAD, (GOKAK RURAL POLICE). 2. SMT. DEEPA D/O. MOTILAL PAMMAR, AGE. 35 YEARS, OCC. SERVICE, R/O. CHALUKYA NAGAR, BADAMI, DIST. BAGALKOT-587201. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SMT. SHAMILA M.PATIL, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, THAT THE PETITION FILED BY THE PETITIONER/ ACCUSED NO.1 KINDLY BE ALLOWED AND THE ORDER DATED 23.12.2022 PASSED IN SPECIAL CASE NO.306/2022 TAKING COGNIZANCE OF THE OFFENCES IN THE SAID CASE AND ISSUING PROCESS AGAINST THE PETITIONER/ACCUSED NO.1 BY THE III ADDL.DISTRICT AND SESSIONS JUDGE, BELAGAVI SET-ASIDE AND ALSO TO QUASH THE FIR REGISTERED BY THE GOKAK RURAL POLICE VIDE GOKAK RURAL PS CRIME NO.70/2022 AND SUBSEQUENT FILING OF THE CHARGE SHEET FOR THE OFFENCES PUNISHABLE U/S 312, 420, 323, 376(N), 324, 504, 506 OF B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.21 17:16:26 +0530 - 2 - NC: 2025:KHC-D:3376 CRL.P No. 102108 of 2024 IPC AND SECTION 3(1)(r), 3(1)(s), 3(2) (v-a), 3(2) (v), 3(2)(vii) OF SC AND ST (PREVENTION OF ATROCITIES) ACT, 1989 AND FRAMING OF CHARGE ON 23.08.2023. 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 petitioner has been charge-sheeted for offences punishable under Sections 312, 420, 323, 376(N), 324, 504, and 506 of the IPC and Sections 3(2)(v), 3(2)(vii), 3(1)(r)(s), and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989. 2. The prosecution alleges that the petitioner induced the de facto complainant to engage in sexual intercourse by promising marriage and subsequently breached that promise. 3. A perusal of the charge-sheet material indicates that the petitioner and the de facto complainant were in a relationship from 03.05.2021 to 05.04.2022. However, a mere breach of a promise to marry does not constitute the offences of cheating and rape unless consent was obtained fraudulently at the inception of the relationship. 4. The petitioner and respondent No.2 are present before this Court and have stated that they have amicably resolved the dispute. The complainant has agreed to withdraw all allegations and has no objection to quashing the impugned proceedings. 5. Although the learned AGA for the respondent-State submits that the offences alleged against the petitioner are heinous - 3 - NC: 2025:KHC-D:3376 CRL.P No. 102108 of 2024 crimes and crimes against society, the same cannot be examined at this stage. 6. While the offences alleged are cognizable and non- compoundable, given that the parties have resolved the dispute among themselves, subjecting the petitioner to trial would be futile, as the probability of conviction is remote and bleak in view of the settlement. 7. In such circumstances, the continuation of proceedings would amount to an abuse of the process of law. ORDER i. Accordingly petition is allowed. ii. The impugned proceeding in Special case No.306/2022 on the file of III Additional District and Sessions Judge, Belagavi is hereby quashed. Pending I.A’s does not survive for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 1 Sl No.: 103