- 1 - HC-KAR NC: 2025:KHC:28437 CRL.P No. 11869 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 11869 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: ARUN RAJ S/O SELVARAJ SELVAM AGED ABOUT 32 YEARS R/AT NO 37, 2ND CROSS ROAD KRISHNAPPA LAYOUT SUBRAMANYAPURA POST BANGALORE-560061 …PETITIONER (BY SRI. KAPIL DIXIT, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH SUBRAMANYAPURA PS REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001 2. PUNITHA S D/O SHANMUGAM M AGED ABOUT 31 YEARS R/AT SNK LADIES PG, VASANTHA VALLABHANAGAR, BANGALORE-560061 …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28437 CRL.P No. 11869 of 2023 SRI.SANTHOSH.U, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO A. QUASH THE PROCEEDINGS IN S.C.NO.1054/2023 IN ANNEXURE A PENDING ON THE FILE OF THE HONBLE LIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU FOR THE OFFENCES P/U/S.376,417,420,504,506 OF IPC ARISING OUT OF THE PROCEEDINGS IN C.C.NO.3532/2023 IN ANNEXURE-B FOR THE OFFENCES P/U/S.376,417,420,504,506 OF IPC ON THE FILE OF THE HONBLE II ACMM BENGALURU AND ETC., THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is sole accused has filed this petition under Section 482 Cr.P.C, with a prayer to quash criminal proceedings initiated against him in S.C.No.1054/2023 on the file of LIII Addl.City Civil and Sessions Judge, Bengaluru, for the offences punishable under Sections 376, 417, 420, 504 and 506 IPC. 2. In support of the petition, the petitioner has contended that he and respondent No.2 were colleagues in - 3 - HC-KAR NC: 2025:KHC:28437 CRL.P No. 11869 of 2023 Chennai having came in contact during 2015. Their friendship developed into relationship. During 2017, they moved to Bengaluru in furtherance of their careers and continued the relationship. They engaged in consensual intercourse throughout 2017 and 2018. Towards the end of 2018, petitioner along with his family members approached respondent No.2 with a marriage proposal. However, it was rejected by respondent No.2 and her family members citing differences in caste. Though petitioner tried several times to convince respondent No.2 for marriage, she not only refused but also gave threat of committing suicide and dire consequences. In fact respondent No.2 sought a year's time to convince her family members. 2.1 During 2020 also, petitioner made several attempts to convince the family members of respondent No.2 to agree for their marriage. The mother of respondent No.2 specifically expressed that since petitioner belong to lower caste, their alliance would not be successful. Thereafter, petitioner and respondent No.2 mutually agreed - 4 - HC-KAR NC: 2025:KHC:28437 CRL.P No. 11869 of 2023 to separate and would not interfere with each others life. Thereafter, petitioner distanced himself from respondent No.2 and avoided her phone calls. However, from May 2020, threats were given to petitioner that he and his family members would be imprisoned. Therefore, petitioner got issued legal notice dated 02.06.2020 to respondent No.2 to stop interfering with his life, after which respondent No.2 has filed complaint alleging rape and other offences and hence, the petition. 3. On the other hand learned High Court Government Pleader for respondent No.1 State and learned counsel for respondent No.2 would submit that respondent No.2 filed a complaint dated 18.08.2022, stating that during 2015, she joined First Source Solution, a Tele caller in Chennai. Petitioner was also working in the same company. He tried to speak to her, but initially she avoided him. Later, forcibly he took her phone number and started sending messages. Thereafter, one day suddenly, petitioner proposed, but she refused, as her family would - 5 - HC-KAR NC: 2025:KHC:28437 CRL.P No. 11869 of 2023 not accept him. Petitioner went on forcing her or else he would commit suicide. Gradually, they developed a relationship. When the company refused to grant her leave for 2 months, she left the job. After sometime, petitioner also resigned and came to Bengaluru. She started working in Bengaluru. Petitioner gifted her a cell phone and in the meanwhile started his own business in the name of "Drchip.in". He shifted to a rented house and on every Sunday and sometimes Saturdays, he used to force her to have sexual intercourse at home and many a times at hotels. When she refused, he used to give threat that he won't marry her. During 2017, they also had been to Madikeri for 3 days. Under promise of marriage, petitioner had physical relationship with her. Once complainant visited his house and met his parents. But they flatly refused her marriage with petitioner. They also gave threat to her. Thereafter and also from February to April 2020, petitioner told her that he would not marry any other person except her. But now he is refusing to marry her. - 6 - HC-KAR NC: 2025:KHC:28437 CRL.P No. 11869 of 2023 Therefore, respondent No.2 filed complaint against petitioner and his parents. 3.1 Based on the complaint, respondent Police registered the case in Cr.No.258/2022 of Subramanyapura PS and after conducting detailed investigation filed charge sheet. There is prima facie material to proceed against the petitioner and pray to dismiss the petition. 4. Heard arguments and perused the record. 5. Thus, a charge sheet is filed against the accused alleging that from 2015 to 2022, on several occasions he sexually exploited respondent No.1/complainant under the promise of marriage and ultimately, during the month of February 2022, when complainant went to the house of accused at Bengaluru to request him to marry her, she was abused in filthy language and given threat to life and thereby accused has cheated her and committed the - 7 - HC-KAR NC: 2025:KHC:28437 CRL.P No. 11869 of 2023 offence punishable under Sections 376, 417, 420, 504 and 506 IPC. 6. At the outset, it is relevant to note that when the complaint was filed on 18.08.2022, the complainant was aged 30 years. Consequently, during 2015 when the affair between complainant and accused begun, she was aged about 23 years and was a major. The complaint itself indicate that accused and complainant came to be acquainted with each other when they were working in First Source Solution at Chennai, Tamil Nadu. It is stated in the complaint that accused started sending messages and speaking over phone and in the initial stage of their acquaintance, he proposed to marry her. However, she refused the proposal saying that they belong to different caste. However, accused persisted and ultimately she agreed when he promised to make their parents agree for the marriage. - 8 - HC-KAR NC: 2025:KHC:28437 CRL.P No. 11869 of 2023 7. Though initially, she did not agree for his physical advances, ultimately, when both of them shifted to Bengaluru, they started moving around and he had sexual intercourse with her in rented house against her wish and consent. If at all accused had sexual intercourse with the complainant forcefully and against her consent, it is hard to believe that thereafter, she allowed him to have physical contact with her on several occasions. In the complaint, it is stated that during 2017, both accused and complainant went to Madikeri and accused had sexual intercourse with her forcefully and against her consent. 8. Admittedly, complainant has not chosen to file any complaint against accused immediately, when for the first time he had sexual intercourse with her forcefully and against her wish and consent. She allowed him to repeat the same subsequently and consistently till 2017. In the complaint, there is no reference to accused and complainant having any contact or relationship after they visited Madikeri, till 2022 when she went to the house of - 9 - HC-KAR NC: 2025:KHC:28437 CRL.P No. 11869 of 2023 accused demanding him to marry her. Before the Medical Officer, the complainant has given statement that accused informed his parents about their relationship, but they refused to give consent. However, later accused and his parents assured her about their marriage. 9. The very complaint averments clearly indicate that from the beginning, complainant was very much knew that their parents would not agree for the marriage and she refused the proposal of accused. Later on, they developed friendship and ultimately physical intimacy. She is a consenting adult and given her consent, knowing the consequences. Her conduct is inconsistent with the allegations that accused exerted force on her against her consent. 10. The complainant has also given statement under Section 164 Cr.P.C before the jurisdiction magistrate on 26.11.2022, wherein she has stated that as a last resort, she requested her relative i.e, CW-5 Revathi to help her - 10 - HC-KAR NC: 2025:KHC:28437 CRL.P No. 11869 of 2023 and when CW-5 Revathi along with her husband i.e, CW-6 Hemant Kumar met the parents of accused, then also they refused to give permission for their marriage and therefore Revathi advised her to do something or else accused would marry some other girl and they should take some steps against him and therefore she has filed the complaint. This statement of complainant also indicate that all along accused never refused to marry her, but on the other hand, initially complainant and her parents and later it was his parents who were opposing. If at all, these factors are taken into consideration, it is the case of two consulting adults entering into a relationship, knowing the consequences. At any stretch of imagination, it cannot be termed as relationship developed on the consent being given by complainant under a mistaken notion that the accused has promised to marry her. Certainly continuation of the criminal proceedings against accused would amount to abuse of process of the Court and as such the same is liable to be quashed and accordingly the following: - 11 - HC-KAR NC: 2025:KHC:28437 CRL.P No. 11869 of 2023 ORDER (i) Petition filed by the petitioner/accused under Section 482 Cr.P.C is hereby allowed. (ii) The criminal proceedings initiated against accused in SC No.1054/2023 on the file of LIII Addl. City Civil and Sessions Judge, Bengaluru, for the offences punishable under Sections 376, 417, 420, 504 and 506 IPC. (ii) The Registry is directed to send a copy of this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 48