- 1 - NC: 2025:KHC-D:2218 CRL.P No. 103661 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103661 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. GURU PANDAPPA LAMANI AGE. 35 YEARS, OCC. GOVT. EMPLOYEE, R/O. YALLAMMANGUDDA, TANDE, NOW AT KUMTA, TQ. KUMTA, DIST. KARWAR -581301. 2. MUTTEVVA PANDAPPA LAMANI AGE. 65 YEARS, OCC. HOUSE HOLD WORK, R/O. YALLAMMANGUDDA TANDE, TQ. SAUNDATTI, DIST. BELAGAVI-591123. …PETITIONERS (BY SRI. MALLIKARJUN B.MADANALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS SAUNDATTI POLICE STATION, AT. SAUNDATTI, DISTRICT. BELAGAVI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-11. 2. GAYATRI D/O. RAJU LAMANI AGE. 19 YEARS, OCC. HOUSEHOLD WORK, R/O. YALLAMMANAGUDDA TANDE, TQ. SAUNDATTI, DIST. BELAGAVI-591123. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. H.M.DHARIGOND, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE PROCEEDINGS/CHARGE SHEET IN SAUNDATTI P.S. CRIME NO.0208/2021 AT SAUNDATTI DIST.BELAGAVI WHICH IS PENDING BEFORE THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT BELAGAVI IN SC NO.22/2022 FOR THE OFFENCE PUNISHABLE U/S 376(2) (n), 420, 323, 504, 506 R/W 34 OF IPC. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.07 15:50:23 +0530 - 2 - NC: 2025:KHC-D:2218 CRL.P No. 103661 of 2022 THIS PETITION, COMING ON FOR ORDERS, 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 are sought to be prosecuted for the offences punishable under Sections 376(2)(n), 420, 323, 504, and 506 read with Section 34 of the Indian Penal Code, 1860, are before this Court seeking relief. 2. The prosecution alleges that the engagement ceremony of the de facto complainant (survivor) took place on 08.07.2019, and thereafter, accused No.1 forcibly had sexual intercourse with the survivor under the pretext of marriage but later reneged on the promise. 3. The parties are present before this Court and have filed an application for compounding, stating that they have amicably resolved the dispute among themselves. As per the terms of the settlement, the survivor has agreed to withdraw all allegations and has no objection to the quashing of the impugned proceedings. The application is placed on record. 4. Accused No.2 is the mother of accused No.1, and the allegation against her is that, at her instance, accused No.1 refused to marry the survivor. The prosecution contends that after the engagement ceremony, accused No.1 forcibly had sexual intercourse with the survivor under the promise of marriage but subsequently refused, thereby allegedly deceiving the survivor. - 3 - NC: 2025:KHC-D:2218 CRL.P No. 103661 of 2022 However, there is no material on record to substantiate that accused No.1 fraudulently obtained the survivor’s consent for sexual intercourse with the intention of breaching the promise of marriage. Consequently, the essential ingredients necessary to constitute the offences of cheating and rape are not satisfied. 5. Although the offences alleged against the petitioners (accused Nos.1 and 2) are cognizable and non-compoundable, considering the amicable resolution of the dispute between the parties, subjecting the petitioners to trial would serve no purpose. The probability of the petitioners’ conviction is remote and bleak in light of the settlement. In such circumstances, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in [Case No.] pending before the [Trial Court Name] are hereby quashed. Accordingly, I pass the following order: ORDER i) The petition is allowed. ii) The impugned proceedings in SC No.22/2022 pending on the file of learned Principal District and Sessions Judge insofar it relates to the petitioners herein is hereby quashed. I.A.No.1/2025 for compromise is allowed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 16