- 1 - HC-KAR NC: 2025:KHC:35001 CRL.P No. 12646 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12646 OF 2025 BETWEEN: ABHISHEKA K.N. @ AMUL ABHI S/O LATE NARASHIMHEGOWDA AGED ABOUT 26 YEARS R/AT 22 , AMARAVATHI LAYOUT SIYAN RISE APARTMENT NEAR CHIRIST COLLEGE BACK GATE PEENYA 2ND STAGE BANGALORE -560 058. …PETITIONER (BY SRI. KEMPARAJU, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MAHALAKSHMI PURAM/ MAHALAKSHMI LAYOUT POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. 2. SOWMYA A.S D/O SOMASHEKAR AGE 21 YEARS C/O KEERTHANA P G MOUNT LAYOUT, MAUTHI EXTENSION, MALLESHWARAM BENGALURU - 560 003. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SMT. VIDYA SAGAR H.V, ADVOCATE FOR R2) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35001 CRL.P No. 12646 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO A. QUASH THE ENTIRE INVESTIGATION INITIATED AS AGAINST THE PETITIONER BY THE RESPONDENT NO.1 MAHALAKSHMIPURAM P.S IN CR.NO.174/2025 FOR THE U/S 69,351(3), 352 OF BNS, PENDING ON THE FILE OF THE XXXII (32ND) ACMM COURT NRUPATUNGA ROAD, BENGALURU CITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Today, an application in I.A. No.1/2025 is filed under Section 359 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the said application, the second respondent–de facto complainant has categorically acknowledged that the dispute between herself and the petitioner has been amicably resolved at the intervention of elders, family members, and relatives. In view of the said settlement, the second respondent has voluntarily agreed to withdraw all the allegations made against the petitioner. - 3 - HC-KAR NC: 2025:KHC:35001 CRL.P No. 12646 of 2025 2. The second respondent–complainant is present before this Court. On being specifically queried, she has confirmed the settlement and has further stated that she does not wish to pursue the allegations contained in her earlier complaint. She has also orally submitted before this Court that she intends to withdraw the same. 3. Be that as it may, this Court has carefully examined the contents of the written complaint originally lodged by the second respondent before the jurisdictional police. In particular, the unnumbered paragraph No.3 of the complaint discloses that the complainant herself has acknowledged that she was a close friend of the petitioner and that this friendship gradually blossomed into a relationship of love. This narration contained in the complaint itself indicates that the physical relationship between the parties was - 4 - HC-KAR NC: 2025:KHC:35001 CRL.P No. 12646 of 2025 consensual and cannot prima facie be construed as one obtained under misconception of fact. 4. This Court is more than satisfied that the consent of the second respondent was not vitiated by misconception of fact. The Hon’ble Supreme Court, in DEEPAK GULATI v. STATE OF HARYANA, (2013) 7 SCC 675, has categorically held that when a relationship between two individuals develops out of love and mutual affection, consensual intimacy cannot subsequently be converted into an allegation of rape merely on the ground that the relationship has soured or marriage did not materialise. Applying the said principle to the present case, this Court finds that even on merits, the allegations of the complainant, even if accepted in entirety, do not disclose the ingredients of the offences alleged against the petitioner. - 5 - HC-KAR NC: 2025:KHC:35001 CRL.P No. 12646 of 2025 5. This Court has also taken note of the fact that the petitioner is a meritorious student, barely 26 years of age, and is in judicial custody for more than a month. Considering the overall circumstances, the amicable settlement between the parties, and the absence of any prima facie material to establish commission of the alleged offences, this Court is of the opinion that to secure the ends of justice, the proceedings in Crime No.174/2025 require to be quashed by exercising inherent powers under Section 482 of Cr.P.C. 6. For the reasons stated above, this Court proceeds to pass the following: ORDER i. The criminal petition is hereby allowed. ii. The proceedings in Crime No.174/2025 registered for the offences punishable under Sections - 6 - HC-KAR NC: 2025:KHC:35001 CRL.P No. 12646 of 2025 69, 351(3), and 352 of the BNS, 2023, pending on the file of the XXXIII Additional Chief Metropolitan Magistrate, Nrupatunga Road, Bengaluru, are hereby quashed insofar as the petitioner is concerned. iii. The jail authorities are directed to release the petitioner forthwith, if he is not required to be detained in any other case. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE Bsv List No.: 2 Sl No.: 145 CT: BHK