- 1 - HC-KAR NC: 2025:KHC:33632 WP No. 14888 of 2022 c/w WP No. 21722 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI WRIT PETITION NO. 14888 OF 2022 (GM-RES) C/W WRIT PETITION NO. 21722 OF 2021 (GM-RES) IN WP No. 14888/2022 BETWEEN: SAGAR. N S/O NINGARAJEGOWDA, AGED ABOUT 24 YEARS, R/AT NO. 23, 6TH B CROSS, KEMPEGOWDANAGAR, (MAHESHWARINAGAR), T. DASARAHALLI, BENGALURU-560 058. …PETITIONER (BY SRI. RAMACHANDRA M B, ADVOCATE) AND: 1. STATE BY ANUGONDANAHALLI POLICE, REP. BY LEARNED S.P.P., HIGH COURT BUILDING, BENGALURU-560 001. 2. KUMARI. NIKITHA D/O. CHANDRAPPA.N, AGED ABOUT 24 YEARS, R/AT NO. 16, SUVARNANAGARA, NAGASANDRA POST, DODDABIDARAKALLU POST, BENGALURU-560 073. …RESPONDENTS (BY SRI.B.LAKSHMAN, HCGP FOR R1; Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33632 WP No. 14888 of 2022 c/w WP No. 21722 of 2021 SMT.ARCHANA.K.M, AMICUS CURAIE FOR R2) THIS W.P IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMPLIANT AND FIR DTD.1.10.2021 ISSUED BY THE R-1 CRIME NO.101/2021 VIDE ANNEXURE-A ON THE COMPLAINT OF R-2 VIDE ANENXURE-B FOR THE ALLEGED OFFENCES, SAME IS PENDING INVESTIGATION ON THE FILE OF LEARNED II ADDL DISTRICT AND SESSIONS AND SPECIAL JUDGE (SC.ST ACT) BENGALURU RURAL DIST BENGALURU VIDE ANNEXURE-A, B, G RESPECTIVELY. IN WP NO. 21722/2021 BETWEEN: 1. SRI. NINGARAJE GOWDA AGED ABOUT 61 YEARS S/O LATE. DYAVAPPA GOWDA, R/AT NO. 23, 6TH-B-CROSS, KEMPEGOWDANAGARA, T. DASARAHALLI, BENGALURU-560057 2. SMT. SUNITHA AGED ABOUT 51 YEARS W/O. NINGARAJE GOWDA R/AT NO. 23, 6TH-B-CROSS, KEMPEGOWDANAGARA, T. DASARAHALLI, BENGALURU-560057 ...PETITIONERS (BY SRI. ABHINAV RAMANAND A, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:33632 WP No. 14888 of 2022 c/w WP No. 21722 of 2021 AND: 1. STATE OF KARNATAKA REPRESENTED BY ANUGONDANAHALLI POLICE, DUNNASANDRA, BENGALURU-562114 2. NIKHITA C D/O CHANDRAPPA AGED ABOUT 24 YEARS NO.16, SUVARNA NAGAR NAGASANDRA POST DODDABIDARAKALLU, BENGALURU-73 ...RESPONDENTS (BY SRI.B.LAKSHMAN, HCGP FOR R1; SMT.ARCHANA.K., AMICUS CURAIE FOR R2) THIS W.P IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FIR IN CR.NO.0101/2021, REGISTERED ON 01.10.2021 BY THE RESPONDENT POLICE AT ANNEXURE-G TO THE PRESENT WRIT PETITION AND ALL FURTHER ACTIONS THERE TO IN SO FAR AS PETITIONERS ARE CONCERNED. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL COMMON ORDER In these separate writ petitions filed under Article 226 and 227 of the Constitution of India r/w Section 482 of the Code of Criminal Procedure, petitioners have sought quashing of criminal proceedings initiated against them in - 4 - HC-KAR NC: 2025:KHC:33632 WP No. 14888 of 2022 c/w WP No. 21722 of 2021 Cr.No.101/2021 of Anugondanahalii PS, for the offences punishable under Sections 323, 376, 506 420 IPC and Sections 3(1)(r)(s), 3(2)(va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act), 1989 ('SC/ST(POA)Act' for short). 2. While petitioner in W.P.No.14888/2022 is arraigned as accused No.1, the petitioners in W.P.No.21722/2021 are arraigned as accused Nos.2 and 3. They are the parents of accused No.1. 3. For the sake of convenience, petitioners are referred to by their ranks in the crime stage. 4. In support of the petition, the petitioners have contended that they have not committed the alleged offences. Defacto complainant is an educated and major. Even though her parents are living in Bengaluru itself and knowing the caste of accused No.1, she entered into relationship with him and lived with him for a period of three years in live-in-relationship since December 2019. It - 5 - HC-KAR NC: 2025:KHC:33632 WP No. 14888 of 2022 c/w WP No. 21722 of 2021 shows her independent and free will. It is denied that accused No.1 entered into physical relationship with the defacto complainant under a promise of marriage. Under some misunderstanding and for other reasons, best known to her, after leaving accused, she has chosen to file complaint. The provisions of SC/ST(POA) Act are not attracted. There is inordinate delay in filing the complaint. Accused No.1 is studying in fifth semester. Accused persons are hailing from a respectable family. In the above facts and circumstances, continuation of the criminal proceedings would amount to abuse of the process of the Court and hence the petitions. 5. In support of his arguments learned counsel for petitioner has relied upon the decision in Amol Bhagwan Nehul Vs. State of Maharashtra and Anr. (Amol Bhagwan Nehul)1. 1 2025 SCC Online SC 1230 - 6 - HC-KAR NC: 2025:KHC:33632 WP No. 14888 of 2022 c/w WP No. 21722 of 2021 6. On the other hand learned High Court Government Pleader representing the respondent No.1 State as well as learned counsel representing respondent No.2/defacto complainant would submit that the defacto complainant belongs to schedule caste. She is working as an Associate in an IT company. Her father is a singer and mother a homemaker. She is the eldest of three children of her parents. While she was studying in New Florence School, she came in contact with accused No.1. They studied upto 10th standard together. During December 2019, she was working in a company at Bommanahalli. At that time, accused No.1 was a driver in Suzuki company. 6.1 They lived together in a house at Harohalli near Varthuru. Even though she informed that she belongs to schedule caste and there is no possibility of their marriage, accused No.1 under the pretext of loving her and with the promise of marriage, entered into sexual relationship. Though she objected and resisted, his sexual advances, giving threat of informing her parents about their live-in- - 7 - HC-KAR NC: 2025:KHC:33632 WP No. 14888 of 2022 c/w WP No. 21722 of 2021 relationship, accused No.1 forcibly had sexual intercourse with her. He also promised to meet her parents and convince them about their marriage. He used to take ₹15,000/- per month, through transfer to his account from her account. He used to force her to consume medicine for abortion. He also met her parents and informed them that he would marry her. 6.2 During June 2021, she requested accused No.1 to return the money taken from him her. From there onwards, he started avoiding her. One fine day, he left the room and shifted to his parents house. She also vacated the rented premises and joined her parents. When she contacted accused No.1 over phone, he used to promise that he would marry her. When her parents spoke to him, he gave threat of committing suicide. He used to meet her and say that after marriage, they have to shift to Pune and that she should not contact her parents again. He refused to marry her and on the other hand offered to continue their live-in-relationship. - 8 - HC-KAR NC: 2025:KHC:33632 WP No. 14888 of 2022 c/w WP No. 21722 of 2021 6.3 When her parents came to know that she was in live-in-relationship with accused No.1, they ousted her from their house. Therefore, she started staying with her relative Sushmita. However, accused No.1 was forcing her to join him. When she demanded him to marry her, he refused saying that she belongs to Scheduled Caste and that his parents would not agree. In the above circumstances, she has filed a complaint. Based on the complaint, the concerned police have registered the case and taken up investigation. The allegations made are grave and require thorough investigation and trial and pray to dismiss the petitions. 7. Heard arguments and perused the record. 8. It is not in dispute that according to the defacto complainant, though their friendship started when she and accused No.1 were studying in school, when they started the live-in-relationship, they were major. In fact during 2021, when defacto complainant filed the complaint, she - 9 - HC-KAR NC: 2025:KHC:33632 WP No. 14888 of 2022 c/w WP No. 21722 of 2021 was aged 24 years. When she was knowing the accused No.1, since from their school days, it goes without saying that she knew about his caste and vice versa. In fact, in her complaint, it is stated that when accused No.1 offered to marry her, she ruled out the possibility on the ground that she belongs to Scheduled Caste and there is no possibility of their marriage. 9. When the defacto complainant and accused No.1 were in live-in-relationship for three years, the allegations that accused No.1 used to forcibly have sexual intercourse with her and gave threat and was forcing her to consume abortion pills is absurd and meaningless. When the defacto complainant and accused No.1 were able to stay together in live-in-relationship for a period of three years, it does not stand to reason that accused Nos.2 and 3 were preventing accused No.1 from marrying the defacto complainant. - 10 - HC-KAR NC: 2025:KHC:33632 WP No. 14888 of 2022 c/w WP No. 21722 of 2021 10. In the complaint itself, the defacto complainant has stated that accused No.1 offered to marry her and in that event, they are required to shift to Pune. It appears not willing to shift to Pune, their relationship was severe. It appears when they stayed together in a rented premises for a prolong period of three years, they were contributing towards the expenses. Therefore, the allegations that when she demanded back ₹15,000/- due to her the accused No.1 severed live-in-relationship with her is not acceptable. As adults, accused No.1 and the defacto complainant had a physical relationship when they were living together and later when they were not willing to stay together, they have separated. As an afterthought, the defacto complainant has chosen to file complaint unnecessarily, roping in the parents of accused No.1 also. 11. As held by the Hon'ble Supreme Court in Amol Bhagwan Nehul, referred to supra, from the facts and circumstances of the case it does not appear that the consent of defacto complainant for the sexual relationship - 11 - HC-KAR NC: 2025:KHC:33632 WP No. 14888 of 2022 c/w WP No. 21722 of 2021 was secured against her will, or on an assurance of marriage. The prolonged sexual relationship between them for a period of three years cannot be accepted as based on false promise of marriage, especially when the defacto complainant at the initial stage itself, had realised that due to different caste, their marriage is not possible. It is not a case where there was a false promise to marry to begin with. A consensual relationship turning sour or partners becoming distant cannot be a ground for invoking criminal machineries of the State. Certainly continuation of the criminal proceedings would amount to abuse of the process of the Court and as such it is liable to be quashed. In the result, the petitions succeed and accordingly the following: ORDER (i) Petition filed by the petitioners/accused Nos.1 to 3 under section 482 Cr.P.C are allowed. (ii) The criminal proceedings initiated against petitioners/accused Nos.1 to 3 in Cr.No.101/2021 of Anugondanahalli PS, for the offences punishable under Sections - 12 - HC-KAR NC: 2025:KHC:33632 WP No. 14888 of 2022 c/w WP No. 21722 of 2021 323, 376, 506 420 IPC and Sections 3(1)(r)(s), 3(2)(va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act), 1989 is hereby quashed. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 10