- 1 - NC: 2025:KHC-D:1394 CRL.P No. 103876 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103876 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. RAVIPRAKASH H.G S/O. GIDDARANGAPPA AGE. 33 YEARS, OCC. GOVT SERVANT, R/O. ASARE COLONY, HARIHARA ROAD, TQ. HARAPANAHALLI, DIST. DAVANAGERE-583131. 2. MANJAMMA D/O. HANUMANTAPA CHANNADASAR AGE. 54 YEARS, OCC. AGRI., R/O. ASARE COLONY, HARIHARA ROAD, TQ. HARAPANAHALLI, DIST. DAVANAGERE-583131. 3. MANJUNATH H.G S/O. GIDDARANGAPPA AGE. 33 YEARS, OCC. AGRI., R/O. ASARE COLONY, HARIHARA ROAD, TQ. HARAPANAHALLI, DIST. DAVANAGERE-583131. 4. RANGAPPA R AGE. 40 YEARS, OCC. AGRI., R/O. ASARE COLONY, HARIHARA ROAD, TQ. HARAPANAHALLI, DIST. DAVANAGERE-583131. …PETITIONERS (BY SRI. V.P.VADAVI,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PSI P.D.HALLI, TQ. HARAPANAHALLI, DIST. DAVANAGERE, R/BY ADDL. S.P.P., HIGH COURT PREMISES, DHARWAD-580011. 2. BHAVANI L. D/O. LAKSHMANA AGE. 21 YEARS, OCC. GOVT. JOB, R/O. 2ND WAR, ASHRAY COLONY, KRISHNA NAGAR, TQ. SANDUR, B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.27 16:35:16 +0530 - 2 - NC: 2025:KHC-D:1394 CRL.P No. 103876 of 2024 DIST. BALLARY-583119. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. PUNEET I.BADIGER, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE FIR REGISTERED ON 12/12/2024 BY THE P.D. HALLI PS, AND THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF 4TH ADDL. CIVIL JUDGE (JR. DN.) AND JMFC COURT, BALLARI FOR THE ALLEGED OFFENCES PUNISHABLE U/S 376 (2) (n), 406, 420, 506 R/W SEC. 34 OF IPC IN CRIME NO.126/2024, IN SO FOR AS PETITIONERS/ACCUSED NO.1 TO 4. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The registration of the FIR for the offences punishable under Sections 376(2)(n), 406, 420, 506, r/w Section 34 of IPC is impugned in this petition. 2. The 2nd respondent lodged the FIR alleging that accused No.1 gave a marriage proposal and stated the he is in love with her and would marry her after two years, and on 16.1.2023, the accused No.1 took her to his rented house and by convincing her that he would marry her, had forcible sexual intercourse with her, and thereafter continued to have forcible sexual intercourse. On 28.4.2024, the complainant learnt that - 3 - NC: 2025:KHC-D:1394 CRL.P No. 103876 of 2024 accused is looking for a prospective bride and blocked her number from the mobile phone. 3. The petitioners-accused and the 2nd respondent are present before this Court, and they have stated that they have amicably resolved the dispute among themselves. The respondent No.2 has stated she has agreed to withdraw all the allegations made against the petitioners-accused and has no objections for quashing the impugned FIR. 4. The learned Additional Government Advocate for the respondent-State would submit that the offences alleged against the petitioners –accused are heinous and crime against the society. Therefore, the registration of the impugned FIR does not warrant any interference. 5. Heard the learned counsel for the parties. 6. The accused No.1 and the survivor were allegedly in relationship from 16.1.2023 to 28.4.2024. There is no allegation in the complaint that the consent of the 2nd respondent was obtained fraudulently at the time of the incident so as to induce her to have consensual sexual intercourse. Mere breach of promise to marry would not constitute an offence of cheating and rape, and the 2nd - 4 - NC: 2025:KHC-D:1394 CRL.P No. 103876 of 2024 respondent has also no objections for quashing the impugned FIR. If the petitioners-accused are subjected to investigation it would be a futile exercise since the probability of Police filing the charge sheet is remote and bleak in view of the settlement arrived between the parties. Therefore, the continuation of the investigation would be an abuse of the process of law. Accordingly, I pass the following: ORDER i) Criminal petition is allowed. ii) The impugned FIR in Crime No.126/2024 registered by the Paramadevanahalli Police Station, and subsequently transferred to Chintamani Police Station in Crime No.6/2025 insofar it relates to the petitioners-accused is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh