1 Reserved on : 23.06.2026 Pronounced on : 13.07.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.743 OF 2026 BETWEEN: CHETAN M.N., S/O NAGARAJU M., AGED ABOUT 34 YEARS, RESIDING AT NO.3002, KUMARASWAMY LAYOUT 1ST STAGE, NEAR WATER TANK, BENGALURU SOUTH, J.P.NAGARA, BENGALURU – 560 078. ... PETITIONER (BY SMT.KEERTHI KRISHNA REDDY, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA BY SUDDAGUNTEPALYA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BENGALURU – 560 001. 2 . XXXXXX Digitally signed by PADMAVATHI B K Location: High Court of Karnataka 2 XXXXXX XXXXXX ... RESPONDENTS (BY SMT.WAHEEDA M.M., HCGP FOR R-1; SRI SHRAVAN MADHAV K.P., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF B.N.SS., PRAYING TO QUASH THE F.I.R AND COMPLAINT IN CR.NO.09/2026, FOR THE OFFENCES P/U/S 69 AND 351(2) OF BNS, 2023, REGISTERED BY THE SUDDAGUNTEPALYA POLICE, WHICH IS PENDING BEFORE THE CJM, BANGALORE. THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 23.06.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:- CAV ORDER The petitioner, sole accused in Crime No.9 of 2026 registered for offences punishable under Sections 69 and 351(2) of the BNS, is before the Court, calling in question the said registration of crime. 2. Heard Smt. Keerthi Krishna Reddy, learned counsel appearing for the petitioner, Smt. Waheeda M. M., learned High Court Government Pleader appearing for respondent No.1 and CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA 3 Sri Sharavan Madhav K.P., learned counsel appearing for respondent No.2. 3. Facts, in brief, germane are as follows: - 3.1. The 2nd respondent is the complainant. The complainant was earlier working as an Area Service Manager at Reliance Rescue Limited Company and had resigned from the said job in March, 2025. During the period when she was working at the operations of Reliance Rescue Limited which is said to have been managed by one Felicia Enterprises under a tie-up arrangement, on 01-04-2025, the complainant becomes acquaintance with the present petitioner who was working with Felicia Enterprises. It is, therefore, the complainant is said to have joined that Company on the assurance of the petitioner on a monthly salary of ₹35,000/-. Both the petitioner and the complainant then became friends. The friendship developed into acquittance and acquaintance blossomed into relationship, both physical as well. 3.2. Sometime in the month of October, 2025 the petitioner is said to have taken the complainant to his house and introduced her to the family members. Both of them did not belong to the same 4 caste. Then began brooding due to the caste status of the petitioner and the complainant. The petitioner is said to have got engaged to another woman on 14-12-2025, after which the complainant’s request for marriage with the petitioner comes to be declined. On 02-01-2026, it is alleged that the petitioner got complainant’s termination from Felicia Enterprises and stopped all communication by blocking her phone number and all social media contacts. The complainant left with no choice of alleged deception and exploitation registers a complaint before the jurisdictional Police on 10-01-2026 for offences punishable under Sections 69 and 351(2) of the BNS. The moment the crime is registered on 10-01-2026, the petitioner comes before this Court, calling in question the said crime. This Court protects the interest of the petitioner by grant of stay of investigation, on the score that the acts between the two were consensual. The interim order is subsisting even today. The 2nd respondent/complainant is served, represented and has filed affidavit. Therefore, with the consent of parties, the matter is heard. 5 4. The learned counsel appearing for the petitioner would vehemently contend that the petitioner and the 2nd respondent were co-employees in a Company. They became acquainted to each other and had physical relationship as well; but never on the promise of marriage. The petitioner is wanting to get married to another woman with whom he is already engaged. Therefore, the story of the complainant that they had sexual relationship on the promise of marriage is contrary to facts. The learned counsel would submit that such consensual acts between the two cannot become a matter of crime for offence punishable under Section 69 of the BNS. 5. Per contra, the learned counsel appearing for the 2nd respondent/complainant would submit that the facts in the complaint are clear. The complainant was working elsewhere. She was lured into the Company where the petitioner was working for a higher salary. They became friends; friendship developed into relationship, which was physical as well. She would submit that even after registration of crime, the petitioner has appeared before an organization named ‘Sakhi’ where he expressed his willingness to marry the complainant. The parents of the petitioner are not 6 permitting marriage solely on the score that the petitioner and the complainant belong to different castes. He would seek to take this Court through the affidavit filed by the complainant and documents to demonstrate that petitioner’s engagement has not at all happened. 6. A counter affidavit is also filed by the petitioner, which the learned counsel for the petitioner takes this Court through. The learned counsel for the petitioner would seek the crime to be obliterated and the learned counsel for the 2nd respondent would seek investigation to be permitted to continue, as according to the learned Counsel this forms a classic illustration of offence under Section 69 of the BNS. 7. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material on record. 8. The afore-narrated facts, dates and link in the chain of events are all a matter of record. They would not require any 7 iteration. The petitioner being an employee of Felicia Enterprises is a matter of record. The complainant joining the said Company on the instructions of the petitioner is what is alleged. The two becoming acquaintances, having relationship and the relationship being physical are admitted facts. Since the entire issue has triggered from registration of complaint, I deem it appropriate to notice the complaint. It reads as follows: “ಾಂಕ: 10-01-2026 ರವ ೆ, ೕ ಸ ಇೆಕ, ಸುದಗುಂೆಾಳ  ೕ ಾ ೆ, !ೆಂಗಳ"ರು ನಗರ. ಇಂದ, XXXXXXX XXXXXXX XXXXXXX $ಾನ%ೆ, &ಷಯ: )ೇತ ೌಡ, ವಯಸು ಸು$ಾರು 32 ವಷ- ಎಂ!ಾತನು ನನ/ನು/ ಮದು1ೆ $ಾ23ೊಳ56ವ78ಾ9 ನಂ:;, ವಂಚೆ $ಾ2 =ೈಂ9ಕ 8ೌಜ-ನ1ೆಸ9ರುವ ಬ ೆA ದೂರು. ***** ಾನು BೕಲDಂಡ &Eಾಸದ !ಾ2 ೆ ಮೆಯ F 2025ೇ ಜೂ $ಾGೆHಂದ 1ಾಸ1ಾ9ರುIೆJೕೆ. ಾನು ಈ Lಂ8ೆ &ಲ ಾಡ- MೆNOPಾ ಎಂಟೆRಸ ಕಂಪNಯ F 3ೋ ಆ2-ೇಟ ಆ9 3ೆಲಸ $ಾ23ೊಂ28ೆನು. ನನ/ ಸUಂತ &Eಾಸ: XXXXXXX ಆ9ರುತJ8ೆ. ಾನು ಈ Lಂ8ೆ Vೈ ಸಕ-W ಬX ಇರುವ ಐ.&.; ೆZ ಾZ- ನ Fರುವ =ಾಯ %ೆ[ೋ \ೆ] ನ F ಏ Pಾ ಸ&ೕ- $ಾೇಜ ಆ9 3ೆಲಸ $ಾ23ೊಂ2ದು, 2025ೇ $ಾ_- $ಾGೆಯ F ಸದ 3ೆಲಸ3ೆD ಾನು %ಾ`ೕಾB Nೕ2ದು, ಆ ಸಮಯದ F =ಾಯ 8 ಕಂಪN ೆ MೆNOPಾ ಎಂಟೆRಸ ಕಂಪNಯು ೈಅb ಆ9, =ಾಯ ಕಂಪNಯ 3ೆಲಸ 3ಾಯ-ಗಳನು/ MೆNOPಾ ಎಂಟೆRಸ ರವರು Nವ-LಸುcJದರು. MೆNOPಾ ಎಂಟೆRಸನ F 3ೆಲಸ $ಾಡುವ !ೆಂಗಳ"ರು ನಗರ, ಕು$ಾರ[ಾU\ =ೇಔe, ದPಾನಂದ [ಾಗ ಯೂNವ;-f ಹcJರ 1ಾಟ ಾಂZ ಎದುರು 1ಾಸ&ರುವ )ೇತ ೌಡ ಎಂಬುವರು ಾಂಕ: 01-04-2025 ರಂದು ನನ ೆ ಪ ಚಯ1ಾ9 Nೕನು %ಾ`ೕಾB Nೕ2, Pಾವ78ೇ ಕಂಪN ೆ 3ೆಲಸ3ೆD Gೋಗುವ7ದು !ೇಡ, ನಮh MೆNOPಾ ಎಂಟೆRಸನ F 3ೆಲಸ $ಾ23ೊಂಡು Gೋ9, Nಮ ೆ cಂಗX ೆ 35,000/- gÀÆ ಸಂಬಳವನು/ 3ೊಡುವ78ಾ9 ಆಫ Nೕ2ದ Bೕ%ೆ ೆ ಾನು ಒkl3ೊಂಡು ಅಂNಂದ ಸದ ೆN OPಾ ಎಂಟgï¥ÉæöÊಸ¸ï£À F 3ೆಲಸ $ಾ23ೊಂ2ರುIೆJೕೆ. ನಂತರ ನನ/ m!ೈW ನಂ.xxxxxxxxx ಅನು/ )ೇತ ೌಡ ರವರು ಪVೆದು3ೊಂಡು ಅವರ m!ೈW ನಂ. 9902088866 ಂದ ನನ ೆ ಆ ಾ ೆA 3ಾW, B[ೇn $ಾಡುcJದರು. ಆಗ ಾನು [ೆ/ೕLತ%ೊಂ ೆ 1ಾಸ1ಾ9ದು, 3ಾರ ಾಂತರಗXಂದ ಅವರ ಮೆHಂದ Gೊರ ೆ ಬಂರುIೆJೕೆ. ನಂತರ )ೇತ ೌಡ ರವರು ಾಂಕ: 05-06-2025 ರಂದು BೕಲDಂಡ &Eಾಸದ `.ಆ %ೆ;VೆNಯ F !ಾ2 ೆ ೆ ಮೆಯನು/ $ಾ23ೊfರುIಾJ%ೆ. ನಂತರ )ೇತ ೌಡ ರವರು ನೊ/ಂ ೆ ಸಲು ೆHಂದ ಇದು, ನನ ೆ !ೇ3ಾದ ವಸುJಗಳನು/ 3ೊ2ಸುವ7ದು, ನೊ/ಂ ೆ )ೆಾ/9 ೋ23ೊಳ56ವ7ದು $ಾಡುcJದರು. ಪocನ ನpಮ ಮೆ ಬX ಬಂದು ನನ/ನು/ ಆqೕ ೆ kZ ಅb Vಾob $ಾಡುcJದರು. ಅವರು ನನ/ನು/ koೕcಸುcJರುವ78ಾ9 GೇX ನನ/ನು/ ತುಂ!ಾ 3ಾಳ` $ಾಡುcJದರು. ಅವರ 3ಾಳ`Hಂದ ಾನು ಅವರನು/ koೕc $ಾಡುcJ8ೆ. ಾನು ಮೆ $ಾ2ದ ಸು$ಾರು 15 ನಗಳ ನಂತರ )ೇತ ೌಡ ರವರು ನನ ೆ, Nನ/ನು/ ಾನು ತುಂ!ಾ koೕc $ಾಡುcJದು, ಮದು1ೆ $ಾ23ೊಳ56ವ78ಾ9 GೇX, ನನ ೆ ಒkl ೆ ಇಲFದರೂ ನೊ/ಂ ೆ =ೈಂ9ಕ ros $ಾ2ರುIಾJ%ೆ. ಅವರು 3ೆಲtಂದು ನ ನಮh ಮೆಯ Fsೕ ಉXದು3ೊಳ56cJದು, ಆ ಸಮಯದ F ಇ8ೇ ೕc ನೊ/ಂ ೆ ಹಲವ7 !ಾ =ೈಂ9ಕ ros $ಾ2ರುIಾJ%ೆ. ನಂತರ 2025ೇ ಅ3ೋಬ $ಾGೆಯ F )ೇತ ೌಡ ರವರು ನನ/ನು/ ಅವರ ತಂ8ೆ IಾH Gಾಗೂ ಅಕD vಾವN ೆ ಪ ಚHಸುವ78ಾ9 ನನ/ನು/ ಅವರ ಮೆ ೆ ಕ%ೆದು3ೊಂಡು Gೋ9ದು, ಆಗ ಅವರ ತಂ8ೆ IಾH ಯವರು Nೕವ7 !ೇ%ೆ wಾcPಾ9ದು, ನಮಗೂ, Nಮಗೂ ಆ9 ಬರುವ7ಲF, Nೕನು )ೇತ ೌಡನನು/ ಮ%ೆತು, ಅವನನು/ :ಟು:ಡು ಎಂಬು8ಾ9 !ೆದ 3ೆ GಾrರುIಾJ%ೆ. ನಂತರ )ೇತ ೌಡ ರವರು ಾನು Nನ/ನು/ :ಟು3ೊಡುವ7ದಲF, ಾನು Gೇ ಾದರೂ $ಾ2 Nೊ/ಂ ೆ ಮದು1ೆ $ಾ23ೊಳ56IೆJೕೆಂದು ಪ7ನಃ £À£Àß ªÀÄ£É §½ §AzÀÄ £À£Àß eÉÆvÉ =ೈಂ9ಕ ros $ಾ2ರುIಾJ%ೆ. ಾಂಕ: 14-12-2025 ರಂದು )ೇತ ೌಡ ರವರು ಅನು ಎಂಬುವ%ೊಂ ೆ ಎಂ ೇnBಂe $ಾ23ೊಂಡು ಮದು1ೆ Nಶzಯ $ಾ23ೊಂ2ರುIಾJ%ೆ. ಾನು )ೇತ ೌಡ ರವರನು/ Gಾಗೂ ಅವರ ತಂ8ೆ ಾಗ%ಾಜು, IಾH ಪ7ಷl Gಾಗೂ ಅಕDEಾದ [ೌಮ ರವರನು/ )ೇತ ೌಡರವರನು/ ಾನು :ಟು ಇರಲು ಆಗುವ7ಲF, ನನ/ನು/ ಅವ%ೊಂ ೆ ಮದು1ೆ $ಾ23ೊಳ56ವಂIೆ 3ೇX3ೊಳ6=ಾ9 ಅವರು ಒklರುವ7ಲF. ನಂತರ ಾಂಕ: 02-01-2026 ರಂದು ೆNOPಾ ಎಂಟೆRಸ ಕಂಪNHಂದ ನನ/ನು/ 3ೆಲಸಂದ Iೆ ೆದು GಾrರುIಾJ%ೆ Gಾಗೂ 9 ಾಂಕ:05-01-2026 ರವ%ೆ ೆ )ೇತ ೌಡ ರವರು ನೊ/ಂ ೆ ಸಂಪಕ-ದ Fದು, ಅ8ೇ ನ %ಾco ನನ/ m!ೈW ನಂಬ, MೇಬುZ, ಇ[ಾ ಾop ಎಲFದರಲೂF ನನ/ನು/ !ಾFZ $ಾ2ರುIಾJ%ೆ. ಆದ ಂದ ನನ/ನು/ ಮದು1ೆ $ಾ23ೊಳ56ವ78ಾ9 ನಂ:;, ವಂಚೆ $ಾ2 ನೊ/ಂ ೆ =ೈಂ9ಕ 8ೌಜ-ನ1ೆಸ9ರುವ )ೇತ ೌಡ, ವಯಸು ಸು$ಾರು 32 ವಷ- ಎಂ!ಾತನ Bೕ=ೆ 3ಾನೂನು ೕತ ಕoಮ ಜರು9ಸ!ೇ3ೆಂದು ತಮh F 3ೇX3ೊಳ56IೆJೕೆ. ವಂದೆಗEೆ"ಂ ೆ, ತಮh &{ಾU; ಸL/-” It appears that after registration of the complaint by the complainant, the petitioner also registers a complaint against the complainant alleging harassment and extortion and the said complaint reads as follows: “10th January 2026 “To, Kumaraswamy Layout Police Station limit, B'lore – 560 078. Subject: Harrasment and Extortion by xxxxxx, Ex office Employee/Colleague. xxxxxxx Respected Sir/Madam, I Chetan MN S/o Nagaraj, an resident of Kumaraswamy layout have been facing constant harassment from xxxxxx. She has been taking money from me from long time, saying she will return it back. She has been working with me in Felicia Enterprise from 6 months. For some reason, she has left the company. Later we have had good friendship with her, but she has taken it easy and thought it as love and I have not accepted her love so she forcefully forced me to love and marry her and 10 rejected her proposal. She has been trying to blackmail me by various means and on January 1st 2026, around 2:30 AM, she came to my home and harassed me and my parents, also to marry me. She is telling me that if I don't marry she will commit suicide. She is demand ₹10,00,000 (Ten Lakh) amount or else threatened to file an complaint on me. She has mentally tortured and harassed even my family members by sending irrelevant messages. I request the concerned authority to help me in this situation and do the needful. 9902088866[Chethan] Thanking you Sd/-” The Police, on the complaint registered by the petitioner against the complainant, registers a non-cognizable report. The report reads as follows: “£ÀA.¸ÀA.76J ªÀÄÆ® ¥Àæw G¯ÉèÃR ¸ÀASÉå/ Reference No.: NCR NO19/2026 f.J¸ï.¹ (GSC No) ¸ÀASÉå: PO1378260600022 ¢£ÁAPÀ: 10/01/2026 Cfð £ÀªÀÄÆ£É : Non Cognizable Cfð(Petition No.) ¸ÀASÉå: 58/1378/2026 1. ¸ÀAzÀ±ÀðPÀgÀ/¦AiÀiÁðzÀÄzÁgÀgÀ/DºÁ餸À¯ÁzÀ ¸ÀÆZÀPÀgÀ ºÉ¸ÀgÀ : CHETHAN M.N 2. Father / Husband Name 3. Address : Nill K.S.LAYOUT Bengaluru City Karnataka. 4. Mobile : 5. ¸ÀAzÀ±Àð£ÀzÀ GzÉÝñÀ 11 ¢£ÁAPÀ:10.01.2026 gÀAzÀÄ CfðzÁgÀgÁzÀ ²æà ZÉÃvÀ£ï JªÀiï.J£ï. gÀªÀgÀÄ oÁuÉUÉ ºÁdgÁV ¤ÃrzÀ zÀÆj£À ¸ÁgÁA±ÀªÉãÉAzÀgÉ £À£ÀUÉ ¥ÀjZÀAiÀÄ«gÀĪÀ xxxxxx gÀªÀgÀÄ ¢£ÁAPÀ:01.01.2026 gÀAzÀÄ gÁwæ 02:30 ¸ÀªÀÄAiÀÄzÀ°è ªÀÄ£ÉUÉ §AzÀÄ £À£ÀߣÀÄß ªÀÄzÀĪÉAiÀiÁV E®èzÉ EzÀÝgÉ 10 ®PÀë ºÀtªÀ£ÀÄß PÉÆqÀĪÀAvÉ ¨ÁèPï ªÉÄÃ¯ï ªÀiÁqÀÄwÛzÀÄÝ, £À£ÀUÉ ªÀÄvÀÄÛ £À£Àß vÀAzÉ vÁ¬Ä gÀªÀjUÉ ¨ÉzÀjPÉ ªÀiÁ£À¹PÀªÁV »A¸É ¤ÃqÀÄwÛgÀÄvÁÛgÉ, DzÀÝjAzÀ ¸ÀzÀjgÀªÀgÀ£ÀÄß oÁuÉUÉ PÀgɬĹ ¸ÀÆPÀÛ w¼ÀĪÀ½PÉ ¤ÃqÀ¨ÉÃPÉAzÀÄ PÉÆlÖ zÀÆgÀÄ EvÁå¢. 6. Counter party Details Name : XXXXXXX Address: Nil XXXXXX XXXXXX 7. Application/Doc : Yes 8. ¸ÁéUÀvÀPÁgÀgÀ ¸À»” …. …. …. “ಾಂಕ 10.01.2026ರಂದು ಅ`-8ಾರ%ಾದ Ooೕ )ೇತ ಎಂ ಎ ಾ ೆ ೆ Gಾಜ%ಾ9 Nೕ2ದ ದೂ ನ [ಾ%ಾಂಶ1ೇೆಂದ%ೆ, ನನ ೆ ಪ ಚಯ ಇರುವ xxxxxx ಅವರು ಾಂಕ 10.01.2026 ರಂದು %ಾco 02:30 ಸಮಯದ F ನಮh ಮೆ ೆ ಬಂದು ನನ/ನು/ ಮದು1ೆPಾ9 ಇಲF8ೆ ಇದ%ೆ 10 ಲ² ಹಣವನು/ 3ೊಡುವಂIೆ !ಾFPÉäÃW $ಾಡುcJದು ನನ ೆ ಮತುJ ನಮh ತಂ8ೆ IಾHಯವ ೆ !ೆದ 3ೆ $ಾನ;ಕ1ಾ9 Lಂ[ೆ NೕಡುcJರುIಾJ%ೆ. ಆದ ಂದ ಸದ ರವರನು/ ಾ ೆ ೆ ಕ%ೆH; ಸೂಕJ cಳ5ವX3ೆ Nೕಡ!ೇ3ೆಂದು 3ೊಟ ದೂರು ಇIಾ.” 9. The crux of the complaint registered by the complainant is that the complainant became acquainted with the petitioner while working in the Company where the petitioner was working. The allegation of the complainant is that the petitioner induced the complainant to join the Company where he was working by 12 promising higher salary; developed a close relationship; professes love and promises marriage; repeatedly had sexual intercourse allegedly on the assurance that he would marry her; introduces her to his parents; thereafter his family opposes the marriage on caste consideration; petitioner gets the complainant terminated from the Company and blocked all communications. This is the narration in the complaint. 10. The gist of the complaint of the petitioner against the complainant is that the relationship was consensual; after he rejected the proposal of marriage, she has begun to harass him; she demanded ₹10/- lakhs threatening to implicate him if he refuses to marry her. She has visited the house and harassed his parents. 11. The petitioner and the complainant appear before the Kumaraswamy Layout Police station and a non-cognizable report, as quoted hereinabove, is rendered by the Police. 13 12. The central legal issue is, whether the allegations disclose an offence under Section 69 of the BNS or whether the entire relationship was a consensual relationship that subsequently turned sore after the petitioner refused marriage? 13. Section 69 of the BNS reads as follows: “69. Sexual intercourse by employing deceitful means, etc.—Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Explanation.—“deceitful means” shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity. NOTES ► In the Penal Code 1860, prior to repeal, having sexual intercourse on false promise of marriage, employment, promotion or by supressing identity was not recognised as an offence.” Section 69 of the BNS which is now newly introduced, punishes the person who indulges in sexual intercourse with a woman by employing deceitful means of false promise of marriage. Deceitful means is explained which would include inducement for, or false promise of employment or promotion, or marrying by suppressing 14 identity. The complaint and its purport is quoted hereinabove. If the complaint is noticed this would become a ‘classic promise to marry’ prosecution under Section 69 of the BNS. If the issue had stopped at that juncture it would have been a circumstance altogether different. Unlike many that confine to original complaint, the case at hand includes multiple affidavits, transcripts, audio recording and allegation of events occurring during the pendency of quashing proceedings. 14. The event that has occurred is participation of the petitioner before a women organization called ‘Sakhi’ which has undertaken the work of counselling between the two for the purpose of marriage. This material transform the case into one involving sharply disputed questions concerning consent, deception, the genuineness of promise to marry and parties conduct after institution of criminal proceedings. 15. The central legal issue however remains, whether the allegations disclose false promise of marriage from the inception to obtain consensual consent, thereby attracting Section 69 of the 15 BNS. The resolution of that issue turns on seriously contested facts and credibility of competing narratives which are ordinarily matters of investigation. The affidavit and the counter affidavit filed by the two read as follows: “AFFIDAVIT ON BEHALF OF THE COMPLAINANT/RESPONDENT NO.2 I, xxxxxxx, do hereby solemnly affirm on oath and state as follows: 1. I state that, on 10/01/2026 I had approached the jurisdictional police station to file a complaint about forceful sexual intercourse done on me by the accused several times. I had gone to the police station with a written complaint. However, the Police officials refused to take that complaint. Instead, they have written the present complaint and asked me to sign on it, which I have did. 2. I state that, the Accused on multiple occasions have forced himself on me and since, he had promised that he would marry me I had to keep quiet. 3. I state that, I had given the present complaint on 10.01.2026, this Hon'ble Court has given stay on further investigation on 21.01.2026 and pursuant to which the SAKHI Division of the State Government which conducts conciliation process between the victim of the sexual act and the accused had called me and the accused for conciliation. 4. I state that, pursuant to such conciliation the Accused started to talk to me on a day-to-day basis and still promised that, he would marry me and has asked me only to call the parents of the girl whom the accused is set to marry. The recording of this conversation is available with me. 16 5. I state that, I had called the girl and her parents whom the accused is set to marry. However, they have not responded in any favorable manner. 6. I state that, pursuant to the conciliation process the accused used to call me and take me out and while dropping me back to my home he used to come inside to check on me and on multiple occasions have forced himself on me. 7. I state that, the continued after the stay was granted by this court and recently on 17th of may which is on my birthday he took me out and got me intoxicated and again forcefully had sex. I have sufficient material to show that, this incident has happened and I can show the same to any women to which this Hon'ble Court directs. 8. I state that, regarding the financial transactions which the Accused is relying upon in the Petition. I would like to say till the date of the Petition I have paid in excess of 20 thousand and recently on 9th may 28000 and 25000 on 9th June has been paid by me to him. 9. I state that, the accused had also promised me to withdraw the present petition and had also convinced me to withdraw the complaint. However, he has moved the matter behind my back and still cheating on me. 10. I state that, on 8th on June he forced me to call the father of the girl whom he is set marry and this has happened after him sharing the number with me. 11. I state that, the accused has forced on me after this Hon'ble Court has given Interim Order in his favour. 12.I state that, I am in search of justice and I beg that, this Hon'ble Court dismisses the present petition and punish the Accused for his wrongfull act. Place:Bengaluru Sd/- Date:17.06.2026” …. …. …. 17 “AFFIDAVIT FILED BY THE PETITIONER I, Chetan M N, S/o Nagaraju M, aged about 34 years, R/a #3002, Kumaraswamy Layout 1st Stage, near Water tank, Bangalore South, J P Nagara, Bengaluru-560078 do hereby solemnly affirm and state on oath as follows: 1. I state that, I am the Petitioner in the above petition and as such I am well acquainted with the facts and circumstances of the case. I am competent to swear to this affidavit. 2. I state that, I have carefully gone through the affidavit filed by Respondent No.2. Save, and except what is specifically admitted herein, all other averments, allegations, inferences and contentions made therein are denied as false, incorrect, misleading and contrary to the records. 3. I state that, at the outset, I submit that the affidavit filed by Respondent No.2 is an attempt to create a false narrative and to prejudice the proceedings before this Hon'ble Court by introducing facts which are extraneous to the issues involved in the present petition. 4. I state that, with regard to the averments relating to the conciliation proceedings, I state that it is true that I appeared before the SAKHI Organisation on 30.01.2026 pursuant to repeated telephonic calls received from its officials. The officials informed me that a complaint had been received from Respondent No.2 and called upon me to appear, failing which I was given to understand that a notice would be issued against me. However, no notice, summons, or written communication was ever issued or served upon me by the said organisation. I state that I appeared before the said organisation only on account of the said telephonic calls and the apprehension of a notice being issued against me, and not with any intention of conciliating or reconciling with Respondent No.2, nor did I at any point agree, consent to, or participate in any conciliation with Respondent No.2. 18 5. I further state that, upon appearing before the said organisation, I specifically informed the authorities that the subject matter was already pending adjudication before this Hon'ble Court and that my marriage engagement had already taken place. I categorically stated that there was no possibility of any reconciliation between myself and Respondent No.2, and that I was not willing to participate in any conciliation whatsoever. Upon being apprised of these facts and the pendency of the proceedings before this Hon'ble Court, the officials of the SAKHI Organisation did not contact me thereafter, nor did they issue any further notice, summons, or communication. 6. I state that I have preserved the telephonic conversations exchanged with the officials of the SAKHI Organisation and have obtained transcripts of the said conversations. The said transcripts are produced along with this for the kind perusal of this Court as DOCUMENT No.1. 7. I state that a true and faithful reading of the said transcripts itself demonstrates that I never visited the SAKHI Organisation of my own volition or with any intention to conciliate with Respondent No.2. The transcripts record that it was the official of the SAKHI Organisation who repeatedly called me, and on my failing to appear on the first occasion fixed, I was specifically told that a notice would be issued against me if I did not attend on the next date, and I was directed to come on the following Monday at 12 noon failing which a notice would be served on me. I state that I had, on my own, called back the said official only to ascertain whether any notice had in fact been issued against me, and I categorically informed her that I had already approached the jurisdictional police station, that no FIR or complaint had been registered against me on my own complaint, and that the matter had already been carried to this Hon'ble High Court. In response, I was informed that since a complaint had been lodged by Respondent No.2, I was still required to appear, and was once again directed to be present at 11:30/12 noon the next day. I state that the entirety of the conversation reflects compulsion arising from the apprehension of a notice being issued 19 against me, and at no point did I attend, or agree to attend, the said office for the purpose of conciliating or reconciling with Respondent No.2. 8. I state that the averments made in paragraph No.7 of the affidavit filed by Respondent No.2 are false and misleading. I met Respondent No.2 only upon her repeated requests and telephonic calls, despite my reluctance. Respondent No.2 had threatened that, if I failed to meet her, she would circulate my photographs and videos to the family members of my fiancée, thereby creating unnecessary complications in my personal life and proposed marriage. As I was already under considerable stress due to the pending proceedings and my impending marriage, and in order to avoid any unnecessary controversy, embarrassment, or disturbance to my personal and professional life, I reluctantly agreed to meet her. My presence at the said meeting cannot be construed as willingness for reconciliation or continuation of any relationship with Respondent No.2. 9. I state that my engagement with Anu D, which had taken place on 14.12.2025 as already placed on record in the present petition, has since fructified into a fixed wedding. I state that the marriage has since been scheduled to be solemnised on 08.07.2026 and 09.07.2026 respectively, and the printed wedding invitation card issued in my name and that of Anu D is produced herewith and marked as DOCUMENT No.2. I state that the said invitation card further demonstrates that my proposed marriage, which had already been placed on record before this Hon'ble Court at the time of filing of the present petition, has been proceeding in the ordinary course and is wholly unconnected with, and unaffected by, the false and frivolous allegations levelled by Respondent No.2. 10. I further state that Respondent No.2 would frequently visit or appear near my workplace and create unnecessary scenes, causing embarrassment and discomfort to me in the presence of my colleagues and superiors. In order to avoid any untoward incident, disturbance at my workplace, or damage to my professional reputation, I was constrained to maintain 20 regular communication with Respondent No.2. Such communication was only to avoid unnecessary embarrassment and complications in my personal and professional life and should not be construed as willingness to continue any relationship with Respondent No.2. 11. I state that, the allegations made by Respondent No.2 are selective, incomplete, and do not disclose the true sequence of events. The affidavit seeks to draw adverse inferences against me while suppressing material facts and circumstances. 12. I therefore pray that this Hon'ble Court may be pleased to reject the contentions raised in the affidavit filed by Respondent No.2 and proceed to consider the present petition on its own merits and in accordance with law. VERIFICATION I, Chetan M.N., the deponent above named, do hereby verify that the contents of paragraphs 1 to 12 are true and correct to the best of my knowledge, information and belief. Place: Bengaluru Sd/- Date:23/06/2026 DEPONENT …. …. …. “AFFIDAVIT I, xxxxxxxxxx, do hereby solemnly affirm on oath and state as follows: 1. I state that on, 10-06-2026 I had approached the jurisdictional police station to file a complaint about forceful sexual intercourse done on me by the accused several times. I had gone to the Police Station with a written complaint. However, the Police officials refused to take that complaint. Instead, they have written the 21 present complaint and asked me to sign on it, which I have done. 2. I state that, on multiple occasions the accused has forced himself on me since, he had promised that he would marry me I had to keep quite. 3. I state that, on 21-01-2026 this Hon'ble Court was pleased to grant an interim order of stay on further investigation in CR.No.09/2026. 4. I state that, on 17-06-2026 by way of affidavit, I have narrated the incidents post the grant of the interim order by this Hon'ble Court. 5. I state that, after I have filed the affidavit on 17-06-2026, the accused has met me and requested me not to submit any material before this Hon'ble Court and again promised me that he will get married to me and not get married to anyone else. 6. I state that on 18-06-2026, I have filed a memo before this Court. Based on the court proceedings held on 18-06- 2026, the accused has met me in my house and again convinced me about his intention of resolving things and he will only get married to me. 7. I state that, from 19-06-2026 to 21-06-2026, the accused continuously met me and forced himself on me and had sexual intercourse and continued his false promise to marry me. Further, on 22-06-2026, the accused met me during the nighttime and stayed with me till around 12:30 mid night. When I confronted him about the invitation card attached in the affidavit filed by the accused, he responded by saying that the invitation card is not genuine and he has assured that he will not be signing on the affidavit and reassured me that he will not get married to the person mentioned in the invitation card. 8. I state that, after the court proceedings on 23-06-2026, the accused met me and when I confronted him about the affidavit filed, then he absconded and I was had no 22 information regarding his whereabouts. In order to speak to the accused. I have gone near his house and tried calling him but there was no response. The Parents of the accused came to know that I was near his house and the situation worsened and there were quarrel between me the accused parents. I had to call 112 helpline number for my safety and protection, and Hoysala Police came and I informed them about the entire situation tried to resolve the situation. During the same, the Parents of the accused admitted that the wedding invitation card is not genuine and there is no wedding of the accused taking place on 09-07-2026. Further, they also admitted that the wedding invitation card was printed and submitted to this Court based on the instructions of the advocate who represents the Accused. 9. I state that, the transcript (relevant portion is highlighted in Pg No. No.6, 10, 11 & 12 of the conversation between me and the parents of the accused with the presence of Hoysala Police Officials are submitted before this Court as Document No.1 and the audio recording is submitted as Document No.2. 10. I state that, this Court may consider this Affidavit along with the enclosed documents, and dismiss the petition filed by the accused. Further, this Court may take necessary action against the Accused petitioner, to provide justice, by punishing the accused for this wrongful acts. Place: Bengaluru Sd/- Date: 25.06.2026” The audio script of the conversation between the complainant, sister of the complainant, parents of the petitioner and the Investigating Officer read as follows: “Date of Recording: 23-06-2026 23 Time of Recording: Approximately 21:49 hrs Audio File: "23-06-2026 21.49.m4a" Language: Kannada ಇತರರು: ಇಲF ಪಕD ನಮh $ಾವನನ/ 3ೇX ಸ... Gಾ. ೕ ಅ´3ಾ : ಇದು ಮೆ ೆ ಬರ=ಾU? Pಾವ7ದು ಸ? )ೇತ ಅವರ IಾH: ಇವತುJ ಬIಾ-%ೋ ಇ=ೊFೕ ನಮ ೆ ೊcJಲF. )ೇತ ಅವರ ತಂ8ೆ: ಬಂದಲF ಸ, ಾನು ಎರಡು GೊತುJ ಊಟ $ಾ2ಟು ಮಲ9ೕN. ಾನು Bೕ=ೆ ಮಲ9ದ. ೕ ಅ´3ಾ : Nೕವ7 Pಾ3ೆ ಸ PಾವcJಂದ Lಂ ೆ $ಾ2Jೕ%ಾ? XXXXX: ಸ ೆನ/ ಒಂದು [ಾ&ರ ¶ೕ $ಾ28ಾ%ೆ ಸ. ಾೇ ಇ F wೊIೇ ಇೕN. [ಾ&ರ ¶ೕ $ಾrâಟು ಉಗು[ೊDಂಡವ%ೆ. )ೇತ ಅವರ IಾH: Gೌದು, ನನ/ ಮಗ =ೇe ಬಂ8ೆo ಾವ7 :2Jೕ1ಾ ಸ? ೕ ಅ´3ಾ : ಈಗ ¶ೕ $ಾ2. )ೇತ ಅವರ ತಂ8ೆ (ಮLEೆ ೆ): ಅಲFಪl, Nೕವ=ಾFರ... ಬಂದು [ಾ&ರ ಉಗು[ೊDೕcೕ%ಾ ಅಂ8ೆo ಅದು ನಮh ಮPಾ-8ೆ ಕEೆ·ೕ3ೆ... )ೇತ ಅವರ IಾH :ಏ ಅಮh Nೕನು Lಂ ೆ $ಾIಾ2JೕPಾ? ಇ1ಾಗ ಬಂದು ಮಲ9ದ ಅಂತ GೇX8ೆo ಅಥ- ಏನು ಅದು? XXXXX: Iೋಸ-=ಾ? )ೇತ ಅವರ IಾH: ಏನು !ೇಡ, Nೕನು ಏನು Iೋ[ೋ-Z GೋUÉâÃಡ. ಈ ತರ Iೋ;-, ಈ ತರ $ಾ2 ಇೆ/ೕನು Pಾ%ಾದೂo ಇದು $ಾVಾJ%ಾ? XXXXX: ಏನು $ಾVೋದು !ೇ3ಾ9ಲF. ಾನು $ಾ2JೕN ಏ $ಾVೋದು ಅಂತ. vಾಗ ೨: 3ೋe- ಪoಕರಣ ವಸ- ಮೆಯ F ಪಂ)ಾHc )ೇತ ಅವರ ತಂ8ೆ: $ಾVೊDಳಪl... 3ೋಟ- F ನ2ೕIಾ ಇದಲF Pಾ3ೆ ಇ F ಪಂ)ಾHc $ಾVಾJ ಇೕ%ಾ? ೕ ಅ´3ಾ : ಅವನು ಬ!ೇ-ಕು $ಾIಾ2JೕN. 3ೋಟ- F ನ2ೕcರು1ಾಗ ಾನು )ೇತ ಅವರ ತಂ8ೆ:* ಇ F Pಾ3ೆ ಇcೕ-%ಾ Nೕವ7? 3ೋಟ- F 3ೇ ಇ8ಾಗ ಇ F ಬ%ೋಂ ೆ ಇಲF. XXXXX: ನನ ೆ ಅಾಯ ಆ9%ೋದು ಈ ಮೇ )ೇತ ಅವರ IಾH: ಈ ಮೆಯ F ಅಲF. 24 XXXXX: ಈ ಮೇ=ೇ! )ೇತ ಅವರ ತಂ8ೆ: ನಮಗೂ ಸಂಬಂಧೇ ಇಲF Nೕನು... )ೇತ ಅವರ IಾH: ಇದು Gೆಂ ೆ ಈ ತರ Nೕವ7... NೕವಲF ಸು«Äß ... ಾವ7 $ಾಡಲF 3ೇ¼Àæಮh... ದಯ&ಟು Pಾರು... ನ\hಬ»ರು ಏn ಆ9%ೋರ ಹತo ದಯ&ಟು ಆಟ ಆಡ!ೇ2. ಇ=ಾU ಾೇ ಇ=ೆFೕಾದುo $ಾVೊDಂ!ೇ3ಾಗುIೆJ. XXXXX: ಾನು $ಾVೊDಂcೕN. ಇ=ೆFೕ $ಾVೊDಂcೕN. ನನ ೆ ಅಾಯ ಆ9%ೋದು ಇ8ೇ ಮೇ . )ೇತ ಅವರ IಾH: !ೇಡ, ನಮh ಮೇ $ಾVೊDಂ!ೇಡ. ನಮh ಮೇ ಆ9%ೋ3ೆ [ಾಧೇ ಇಲF. Nಂದು ಏN8ೋ ಅದು ಎ F ೋqÉÆÌ÷ìÃcೕ·ೕ ೋqÉÆÌ÷ìà Gೋಗು. ಸ wೊIೆ ಬಂೕPಾ, ಸ wೊIೇ GೋUÉâÃಕು ಅ¼ೇ Nೕನು. ಆBೕ=ೆ ಏN8ೋ $ಾIಾVೊDೕ )ೇತ ಅವರ IಾH: ಸ ಕ3ೊಂ-ಡು ಬಂ%ೋದು ಮೆ ೆ ಅವ%ೇ. ನಮ ೆ ಅವರ ಹತo ಅ¼ೇ ಾವ7 $ಾIಾVಾJ ಇ%ೋದು. ಇತರರು :ಾೇ ಅ8ೇ ತರ !ೆಳ9ನ wಾವದ ತನಕ ನಂ:; :f :, ಮ¾ಾಹ/ Lಂ¿ $ಾ2ದು, Nಮ ೆ ಎಷು 3ೋಪ ಬಂರಲF? )ೇತ ಅವರ ತಂ8ೆ: ಾಪ ಅದಕೂD Nೕ1ೆಲF ಏ $ಾIಾVಾJ ಇೕ%ಾ... ಇವcJಂದ ಏಾದುo ಬಂದು ನಮ ೇಾದುo ಇದು 3ೆಲಸ $ಾVಾJ ಇೕ&, ನಮ ೆ ಇದು $ಾ2ೕ& ಅಂತ ಾವ7 ಇನು/ವ%ೆಗೂ ಒಂದು ನ ೋ2 -ಲF. 8ೇವ[ಾÁನದ F ಒಂದು ನ ಬಂ8ಾಗ ೋ2%ೋದು ಅ¼ೇ ಾನು. vಾಗ ೩: %ಾ`ೕ ಸಂ¾ಾನದ ಪo[ಾJಪ ೕ ಅ´3ಾ : ಸುcJ ಬಳ; Pಾ3ೆ $ಾIಾVಾJ%ೆ? Nಮh ಮಗ ಎ F8ಾೆ ಕ;- $ಾIಾ2. Nಮh ಮಗ ಏ GೇEಾJೆ 3ೇX, ಅವನು ಏನು GೇEಾJೆ ಅದರ Bೕ=ೆ 2ೆಂ]. )ೇತ ಅವರ ತಂ8ೆ: ಸ ಸ... 3ೋಟ- F 3ೇ ನ2ೕIಾ ಇ8ೆ ನ2ೕ . ಅ8ೇ 2[ೈ] ಆಗJ8ೆ ಆ9F. ೕ ಅ´3ಾ : Nಮh ಹುಡುಗ ಎ F8ಾೆ? )ೇತ ಅವರ ತಂ8ೆ: ಸ ಅದು ೊcJಲF. !ೆX ೆA Gೋ9%ೋದು ಆqೕ ೆ ಇನು/ ಬಂಲF. ಇವ%ೇ Gೋ9 [ೇಷ ಅ F Gೋ9 ಎ=ಾF ಕಂೆFೕಂe $ಾ2 ಗ=ಾೆ $ಾ2%ೋದು. ೕ ಅ´3ಾ : ¶ೕ $ಾ2. Pಾವ ¶ೕ ಯೂ $ಾVಾJೆ ೋ2, ಎ F Gೋ9Iಾ-ೆ, ¶ೕ $ಾ2 ಕ;- . ಈಗ ಸಮ[ೆ ಆ9%ೋದು ಅವ ಬ»ರ ನಡು1ೆ ಅ¯Áé, ಕ;- $ಾIಾ2. ಏN8ೆ ಅವರು !ೇ3ಾ8ೆo ಾEೆ 3ೋಟ- F ಬ ೆಹ ;3ೊಳ6 . )ೇತ ಅವರ ತಂ8ೆ: ಸ ಅªÀÅæ ಏೆ=ಾF $ಾVೊDEಾJ%ೋ, ಅದೆ/ೕ !ೇ3ಾ8ೆo ಅನುಭ&[ೊDX6. ನಮ ೆ ಏನು ೊcJಲF ಸ ಇದರ ಬ ೆA. 25 XXXXX ಳ ಅಕD: ಇವತುJ ೊcJಲF ಅಂ8ೆo, ಮಗ ಕ;- ಾವ7 3ೇEೆ"Dಂcೕ&. vಾಗ ೪: &2·ೕ %ೆ3ಾ2ಂ-¿ ಜಗಳ XXXXX ಳ ಅಕD: :ಡಮh ಅ F.... Pಾroೕ ಗ=ಾೆ ಎಂfo $ಾVಾJ ಇೕ%ಾ? Nೕವ7 ಒಂದು &2·ೕ $ಾVೊDX6, ೋ2... ನp ಇ¯ÉÝ Iೆ9!ೇræ, ಾವ7 Iೆ9cೕ& NªÀÄÄÝ &2·ೕ. ಕೂvÉÆÌX6 ಮೇ ... XXXXX ಳ ಅಕD: Who are you to take my video? Delete $ಾ2 ಇ1ಾಗ! ಸ &2·ೕ 2 ೕe $ಾ2; ಸ... ನನ/ Mೇ ಬಕೂ-ಡದು &2·ೕದ F, &xËe Bೖ ಪ\-ಷ &2·ೕ Pಾರು Iೆ9!ಾರದು ಸ. XXXXX ಳ ಅಕD: 2 ೕe $ಾrì ಸ &2·ೕನ. ೕ ಅ´3ಾ : &2·ೕ 2 ೕe $ಾ2 ಸ. )ೇತ ಅವರ IಾH:ಈ ತರ ಮೆ ೆ ಕ3ೊಂ-ಡು ಬರಬಹು8ಾ? vಾಗ ೫:  ೕ ಾ ೆ ೆ Gಾಜ%ಾಗುವ ಸೂಚೆ ಮತುJ ಎಂ ೇn Bಂe &)ಾರ ೕ ಅ´3ಾ : Np ಮಗN ೆ ¶ೕ $ಾ2 ಅವ%ೇ. )ೇತ ಅವರ ತಂ8ೆ: ಬIಾ-ೋ ಇ¯ÉÆéà ಅಂತ 3ೇX. ಬ -ಲF ಅಂ8ೆo ಾEೆ !ೇ3ಾ8ೆo ಎ_ .ಎ.ಎW ೕ  [ೇಷ ೆ... ೕ ಅ´3ಾ : ಾನು ಕX;JೕN ಇ ಸ. NªÀÄÄÝ ಏನು ಸಮ[ೆ ಇ8ೆ ಕು$ಾರ[ಾU\ =ೇಔe [ೇಷ ೆ ಬN/... )ೇತ ಅವರ ತಂ8ೆ: ಸ ಾವಂತೂ ಅ F ೆ ಎ_.wೆ ಾಳ3ೆD Gೋ9ಲF ಸ. ಾವ7 ಕು$ಾರ[ಾU\ =ೇಔe ಅ=ೆFೕ ನªÀÄÄÝ ಕಂೆFೕಂe ಇದು. ಈಗ ಬಂದು ಮೆ ಹತo ಬಂದು ಗ=ಾೆ, 3ೇ ಇ8ಾಗ Gೆಂ ೆ ಮೆ ಹತo ಬಂದು ಗ=ಾೆ $ಾVಾJ%ೆ ಸ? ೕ ಅ´3ಾ : ದಯ&ಟು ಈ ಮೆ ೆ ಬ%ೋದು !ೇಡ. ಆಯುJ Nೕವ7 [ೇಷ ಹÉರ ಬN/ ಅವರೂ ಬ - ಅ=ೆFೕ ಬಂದು $ಾIಾVೋಣ. )ೇತ ಅವರ IಾH: ಖಂ2ತ ಬcೕ-& ಸ. Pಾ ಮಗ ಬಂದರೂ Nಮh ಮಗನೂ ಕ;-. ನಮhಮh ಈಗ ಅವರು Nಮh ಮಗ ಇಲF ಅಂತ GೇEಾJವೆ. ಬ%ೋವ%ೆಗೂ 3ಾHJN ಸ. ೕ ಅ´3ಾ : ನಂಬ 3ೊ2... ನಂಬ  Gೇಳಮh. XXXXX: 9902088866. )ೇತ ಅವರ ತಂ8ೆ: 3ೇX ಸ ನಮh ಾಗ%ಾn ಅಂ»ಟು. )ೇತ ಅವರ IಾH: !ೇಡಪl, Pಾ ೆ ೊತುJ :ಡಮh. ಸ, ನಮhದು ಾವ7 Nಮh ಹcJರ ಬರ!ೇಕು ಬcೕ-& $ಾIಾ2Jೕ& ಸ. 26 ೕ ಅ´3ಾ 1: ಅಲF ಅಲF, Nೕವ7 ಎ=ಾF ಸ Nಮh ಹುಡುಗ ಅವನು 3ೆಲಸದ ೈ\ಂ¿ ಏNoೕ? )ೇತ ಅವರ IಾH: ಸ, ಅವರು !ೆX ೆA Gೋದ%ೆ ೈ\ಂ¿ ಇಲF. Nೕವ7 !ೆಳ ೆA Gೋದ%ೆ ಅವನು ಬ%ೋದು %ಾco 10:00 ಗಂೆ 11:00 ಗಂೆ 12:00 ಗಂೆ ಆದೂo ಒ ಒಂË ಸಲ ಬIಾ-ೆ. )ೇತ ಅವರ IಾH: ಇ1ಾಗ ಏN8ೆ ಅ8ೇ wಾ ನ2ೕIಾ ಇ%ೋದು ಅ¼ೇ. ಎ; ೆ wಾ ನ2ೕIಾ ಇ8ೆ ಅದ3ೆD ಸUಲl =ೇe ಆ9J& ಅ¼ೇ. ೕ ಅ´3ಾ 1: Gೋ9 ಅವನ Mೆoಂ] ಾದುo ¶ೕ $ಾ2, 3ೆಲಸ ಮು9Iಾ ಅಪl? ಎ F8ಾೆ? ಇನು/ ಬಂಲF. ಇ F ಮೆ ಹcJರ Pಾ%ೋ ಬಂ8ಾ%ೆ. Pಾ%ೋ =ೇಷ ಅವನ Mೆoಂ] 3ಾPಾJ ಇ8ಾ%ೆ. )ೇತ ಅವರ IಾH: ಸ, ಾವ7 Nಮh ಹcJರ ಕX;Jೕ& ಇವರನ/ ಸ. ಇವರನ/ ಕ3ೊಂ-ಡು Gೋ9 ಸ. ೕ ಅ´3ಾ 1: ಾವ7 GೇXದು 3ೇಳಮh. Nಮhಂತ ಕಂೆFಂe 1000 ಕಂ¥ÉèöÊAe ಅೆಂ] $ಾ2ೕ& ಾವ7. ಇ1ಾಗ Nಮh ಮಗ $ಾIಾVಾJವೆ ಅ=ಾU? ಅವನು Nಮh ಮಗ ಬಂ8ೆo ಬ ೆಹ ಯುIೆJ. ಈಗ Nಮh8ೇನು ಸಮ[ೆ ಇಲF Nಮh ಮಗಂದು ಅವರದು. )ೇತ ಅವರ ತಂ8ೆ: Gೌದು ಸ. ೕ ಅ´3ಾ 2: ಬಂ¢âಟು $ಾIಾ28ೆo, ಅದು ಏN8ೆ !ೇ3ಾ8ೆo ಾEೆ [ೇಷ ಹತo $ಾIಾ2Jೕ%ೋ ಇಲF ಏ $ಾIಾ2Jೕ%ೋ Nಮ ೆ :fದು. ¶ೕ $ಾ2 ಅವN ೆ 3ೆಲಸ ಮು9Iಾ? ಅ=ೆFೕ ಇ8ಾಾ? ಏ GೇEಾJೆ? )ೇತ ಅವರ ತಂ8ೆ:: =ಾಯ ಮುÌಾಂತರ ಕ3ೊಂ-ಡು ಬcೕ-N ಾEೆ [ೇಷ ೆ. )ೇತ ಅವರ IಾH: Nಮh [ೇಷ ೆ ಇ1ಾUÉèà ಕX;Jೕ& Gೋ9 ಸ. )ೇತ ಅವರ ತಂ8ೆ: !ೇ3ಾ8ೆo ನಮh mೕಹ ನ 3ೇX ಸ, ನಮhನು/ 3ೇX !ೇ3ಾ8ೆo. )ೇತ ಅವರ IಾH: !ೇಡ !ೇಡ ಅಮh, ಇವ%ೆಲF. )ೇತ ಅವರ ತಂ8ೆ: ಅಲF ಅಲF, 3ೇX ನಮh mೕಹ ನ, ಅವ ೆ mೕಹ ೊcJ8ಾ%ೆ ಅವ ೆ. ಾನು ಎಷು ವಷ-ಂದ ಈ =ೇOe ಅ F ಇೕN ಅೊ/ೕದು. )ೇತ ಅವರ IಾH: Pಾಕಪl ನಮ ೆ ಇವರ8ೆಲF ಇ£ÀÄà÷ès !ೇಡ. ನಮhದು ಏN8ೆ ಅದು $ಾIಾVೋಣ. ೕ ಅ´3ಾ 1: ಅಲF ಇದು Nಮhದು ಅಲF ನಮhದು ಅಲF ಅಥ- ಆPಾJ? ಅವ ಬ»ರು ಏೋ $ಾ23ೊಂ28ಾ%ೆ ಇ1ಾಗ ಅವ ೆ ಬು ಇಲF. )ೇತ ಅವರ ತಂ8ೆ: Gೌದು ಸ. ಸ ಅದನ/ $ಾ23ೊಂಡು :ಟು ನಮh ಇದು ನಮh ತ=ೆ Bೕ=ೆ ತಂದು ಇಟು3ೊಂಡು :ಟು ಾವ7 [ಾ·ೕದ3ೆD ಆಗುIಾJ ಸ? ೕ ಅ´3ಾ 1: Gೌದು ಆಗುIೆJ ಅದು. 27 )ೇತ ಅವರ ತಂ8ೆ: ಮIೆJ ನಮಗೂ ಅದಕೂD ¸ÀA§AzsÀೇ ೊcJಲF. )ೇತ ಅವರ IಾH: Pಾ%ೇ $ಾ23ೊಂ2ರ ಸ, ೇ%ೆಂe ಇೕ& ಅ=ಾU? ನಮ ೆ ಇವcJನವ%ೆಗೂ ಇವXಗೂ GೇXಲF, ಅವನು GೇXಲF. ನಮ ೆ ಏನು ೊcJರುIೆJ? ಇವcJಗೂ ಅವರ ತಂ8ೆ IಾHನ ಾವ7 ೋ2ಲF. ಏನು ಇಲF, ಇವಳ5 ಒಂದು GೆಣುÍಮಗಳನು/ ಒಂದು ಸಲ ೋ2ೕ& ಅ¼ೇ. ಮೆ ೆ ಬಂ8ಾಳಲF... )ೇತ ಅವರ ತಂ8ೆ: Gೌದು 8ೇವ[ಾÁನದ F ೋ2ೕ&. )ೇತ ಅವರ ತಂ8ೆ: ಇವತುJ ಬಂೕ%ಾ. XXXXX: ಎರಡು ಸ ಬಂೕN. XXXXX: ಇವತುJ ಬಂೕ%ಾ, Gೌದು ಬಂೕ%ಾ. ಊಟ $ಾ23ೊಂಡು Gೋ9ೕN ಆ ಮೆಯ F. )ೇತ ಅವರ IಾH: Gೌದು )ೇತ ಅವರ ತಂ8ೆ: Gೌದಪl, )ೇತ ಅವರ IಾH:ಇ1ಾಗ Nೕವ7 ಏೇ GೇXದರೂ ಅದು Nಜ. ೕ ಅ´3ಾ 1: Nಮh ಮಗ ¶ೕ kZ $ಾVಾJ ಇಲF. )ೇತ ಅವರ IಾH: ºïä... (Lೆ/=ೆಯ F ಮಗು&ನ ಧÎN ಮತುJ ¶ೕ ಡಯW $ಾಡುವ ಶಬ 3ೇXಸುತJ8ೆ: ಅಪl 9686 £ÁUÀgÁeï CAvÀ) ೕ ಅ´3ಾ 2: ೋ2 ಈಗ Nಮh ಮಗ ಬಂ8ೆo [ೇಷ ಹತo ಕ3ೊಂ-ಡು ಬN/. ಇಲF ಅಂ8ೆo ಇ1ಾಗ ಈಗ ೋ2 ಇ1ಾಗ ಅವರು ಬIಾ-%ೆ, ಬಂದು ಅ F $ಾIಾ23ೊX6. mದ=ೇ ಮೆ ಹcJರ ಗ=ಾೆ !ೇಡ. ಾನು GೇX%ೋದು ಈಗ ಅ F ಇಲೂF 3ೆಳಗVೆ ಎ=ಾF !ಾ2 ೆ ಇ%ೋರು ಇIಾ-%ೆ, ಸುಮhೆ ಸಮ[ೆ ಆ ೋದು !ೇಡ ಇ1ಾಗ. ಅವರು ಬಂ8ೆo ಅವರ ಮಗ ಬಂ8ೆo ಕ3ೊಂ-ಡು ಬIಾ-%ೆ ಅ¼ೇ, Nೕವ7 ಬಂದು ಅ F $ಾIಾ2. Nೕವ7 ಆ¯Éæ2 ಈಗ Nೕವ7 ಎ_ wೆ ಾಳದ F ಆ¯Éæ2 ಎಲF ಇ8ಾ%ೆ. )ೇತ ಅವರ ತಂ8ೆ: ಎÏ ಐಆ ಆ98ೆ ಸ, 3ೋe- ನ F ನ2ೕIಾ ಇ8ೆ. 3ೋe- ನ F ನ2ೕIಾ ಇ8ೆ. 3ೋe- ನ F ನ2ೕIಾ ಇ8ೆ. ೕ ಅ´3ಾ 2:* ಅವರು ಬಂದು ಒಂ8ೇ Iಾೇ 3ೇX8ೆ, ಮದು1ೆ ಒಂಬತJೇ Iಾ ೕಕು ಏನು koಂe $ಾrì8ಾ%ೆ, ಅ8ೊಂ8ೇ Iಾೇ ಅವರು 3ೇXದು. ಅದು ಇವIೆJ ಅಂತ ಅಲFಪl, ಮುಂ)ೆೆ ಆ ಇವcJನ ನ. ನನ ೆ ಾಯ 3ೊಟು Gೋದ%ೆ Iಾೇ. ಕ;- ನ, ಏN8ೆ ನನ ೆ ಸ$ಾ¾ಾನ $ಾಡ!ೇಕು, ಅವರ ಸ$ಾ¾ಾನ ಸ$ಾ¾ಾನ3ೆD ನನ ೆ 3ೊಡ!ೇಕು. Pಾ ೆ ೊತುJ? Nಮh ಮಗಂದು... 28 ಇತರರು:* ಸ, Gಾ... ಇದು Nೕವ7 ಲÐ $ಾVೋ3ೆ ಮುಂ)ೆೆ ಅವ ೆ ಎಂ ೇeÉäAe ಆ9IಾJ? )ೇತ ಅವರ IಾH: ಇಲF. ಇತರರು: ಇ¯Áé, ೋ2. )ೇತ ಅವರ IಾH: ಇಲF, ಎಂ ೇeÉäAe Pಾವ7ದು ಆ9ಲF. )ೇತ ಅವರ ತಂ8ೆ: =ೇÑ ನಮh ಹುಡುಗನ ಎಂ ೇeÉäAe ಆ9ತJಲF, ಅವರ8ಾ9%ೋದು, ನಮh8ಾ? ಇತರರು: Pಾವ Iಾ ೕಕು? )ೇತ ಅವರ ತಂ8ೆ: 2[ೆಂಬ  ಅ F. )ೇತ ಅವರ IಾH: ºïä ಅಲF 2[ೆಂಬ. )ೇತ ಅವರ ತಂ8ೆ: ಸ, ಾನು Nಮhನ/ Pಾ1ಾಗ vೇf $ಾ28ೆ ಅಮh? XXXXX: ಅಮh, Nಮ ೆ Pಾ1ಾಗ vೇf $ಾ28ೆ ಾನು? ಅ3ೋಬ ಅ F ಅ=ಾU? )ೇತ ಅವರ IಾH: ಇರಬಹುದು. * ೕ ಅ´3ಾ 2: Nೕ1ೇN8ೆ [ೇಷ ೆ Gೋ9. Nಮ ೆ ಫ ೊcJತJಂIೆ ಅಂತ GೇEಾJ%ೆ. )ೇತ ಅವರ ತಂ8ೆ: Gೌದು ೊIಾJ ಇ8ೆ. Gೌದು ಕ%ೆದವರಲF. XXXXX: * ೊcJತುJ, ಾೇ ಇವರನು/ ಕ%ೆದು. Pಾರು ಕ%ೆ%ೋದು ನನ ೆ? ನನ/ ಒಂದೇ Iಾ ೕಕು ಬಂದು:ಟು ಗ=ಾೆ $ಾ2FಲF1ಾ? ಅ1ಾಗ ಾನು ಕ%ೆ8ೆ, ೋಡಪl ಒಂದೇ Iಾ ೕಕು... ಒಂzÀìಲ ¶ೕÉ- ಅನುIೆJ. ೕ ಅ´3ಾ 2: ಹಂ ೆಲF $ಾIಾಡ!ೇ2o. )ೇತ ಅವರ IಾH: ಎಂ ೇeÉäAe ೆ ಕ%ೆ8ೆ ಾನು. ೕ ಅ´3ಾ 1: 3ೇ½æ, ಇವನು Nಮh ಮಗ ಬಂದBೕ=ೆ, Nೕವ7 Nಮh ಮಗನನು/ ಕ3ೊಂ-ಡು ಬN/. ಆPಾJ? Nಮh ಮಗ ಬಂದBೕ=ೆ  ೕ ¸ÉéõÀ£ï ೆ ಕ3ೊಂ-ಡು ಬN/. ಅವ ಬ» ಗೂ :2 $ಾIಾVೋ3ೆ, ಅವರು ಏಾದರೂ $ಾIಾ23ೊಳ6 ಅಥ- ಆPಾJ? ಇದು ನಮh =ೈÏ ಅಲF, Pಾರು ಬಂದವರ =ೈÏ ಅಲF, ಇದು Nಮhದು ಅಲF. ಾಪ Nನ ೆ ೊcJ¯ÉÝ Nಮh Nಮh Pಾ3ೆ ಅವನು Nಮh ಮಗ ಆ9%ೋದ3ೆD Nಮ ೆ ೆ£Àë. )ೇತ ಅವರ ತಂ8ೆ: * Gೌದು ಸ, ೆ£Àë. ಆPಾJ? *ಹುಡುಗನ ತಂ8ೆ: * ಸ ಆ 2[ೆಂಬ ಅ F ಆ98ೆ ಎಂ ೇeÉäAe ಆ9%ೋದು. ಎಂ ೇeÉäAe ೕ ಅ´3ಾ 1: ಇ1ಾಗ ಇ1ಾಗ ನಮh ಕಂೆFಂe ಬಂದ3ೆD Nಮh Nಮh ಮಗ ಆ9%ೋದ3ೆD Nಮ ೆ ೆ£Àë ಅ¼ೇ. ೕ ಅ´3ಾ 1: ಕಂ¥ÉèöÊAe ಆ9 ಆ¯Éæ2 ಒಂದು ಆರು cಂಗಳ5, ಒಂಬತುJ cಂಗಳ5 ಆ98ೆ. )ೇತ ಅವರ ತಂ8ೆ: ºïä 2[ೆಂಬ ಅ F ಎಂ ೇeÉäAe ಆ9ದು. 29 ಇತರರ : :¶ೕ ಒಂzÀìಲ ಇವ%ೇನು ಎಂ ೇeÉäAe $ಾVೊD!ೇ3ಾ8ೆoೆ ಗ=ಾೆ ಆ9ತುJ, ಎÏ ಐಆ ಆ9 MೈW 3ೋe- ೆ... )ೇತ ಅವರ IಾH: ಇಲF ಇಲF ಇಲF, ಎಂ ೇeÉäAe ಆ8ಾಗ ಏನು ಇಲFಪl, ಇಲFಪl. ಇತರರು: ೊcJ%ೋ &ಷಯ. Nೕವ7 ಒಪ7lcJೕ%ೋ ನಮಗೂ ೊcJ8ೆ ಸುಮhೆ. )ೇತ ಅವರ IಾH: Nೕವ7 ೊcJದರೂ ೋಡಪl ಇಲFಪl ಇಲFಪl. ೕ ಅ´3ಾ 1: ಎಂ ೇeÉäAe ಆ9ದು ನಮ ೆ ಏನು ೊIಾJ 3ೇX? ಇತರರು:ಇಲF 1ಾದ $ಾVೋ3ೆ ಬರ!ೇ2, &ಷಯ ಏN8ೆ ಅದನ/ GೇX. ೕ ಅ´3ಾ 1: ಸುಮhೆ ಸಮಯ 1ೇ $ಾ2 ಇದು $ಾqÉâÃ2. )ೇತ ಅವರ ತಂ8ೆ: ಾವ7 ಎಂ ೇeÉäAe ಆ9%ೋದು ಾವ7 GೇXೕ& ಅ¼ೇ. ೕ ಅ´3ಾ 1: ಒಂಬತJೇ Iಾ ೕಕು ಮದು1ೆ ಆ ಾJ ಇ®è Iಾೇ Nಮh ಮಗಂದು? ೕ ಅ´3ಾ 1: ಒಂಬತJೇ Iಾ ೕಕು ಮದು1ೆ $ಾVಾJ )ೇತ ಅವರ ತಂ8ೆ: ಇಲF... ಇಲF $ಾಡಲF. ೕ ಅ´3ಾ 1: ಅಂ8ೆo ಅವರು ಈ 3ಾ]- ಇದು $ಾqÉÆìÃರು ಕX;ದ%ೆ? ೕ ಅ´3ಾ 2: ಇಲF ಇಲF $ಾ23ೊಡಲF, ಅದ3ೆD ಏN8ೆ ಅದು rFಯ ಆUÉâÃಕು. ಆಯುJ. XXXXX: ಸ ಅಲF 3ಾ]- koಂe ಆ98ೆPಾ 3ೇX ಸ. ೕ ಅ´3ಾ 1: ಅ·ೕ koಂe 9ಂe $ಾ2FಲF ೕ. )ೇತ ಅವರ IಾH: koಂe ಅಂ8ೆo, ಆಯುJ ಒಂದು $ಾ23ೊ2 ಅಂದು. XXXXX: ಏನ3ೆD Bೕಡಂ $ಾ2;ದು? ಏನ3ೆD $ಾ2;ದು 3ೇX ಸ, ನನ ೆ ಾಯ !ೇಕು. ೕ ಅ´3ಾ 2: ಮIೆJ Pಾ3ೆ 3ಾ]- $ಾrì8ಾ%ೆ, ಏ ಮದು1ೆ $ಾVಾJ ಇೕ%ಾ Nಮh ಮಗಂದು? )ೇತ ಅವರ ತಂ8ೆ: ಸ, =ಾಯ 3ೇXದುo $ಾ2; 3ೊfೕ&. =ಾಯ  ೆ 3ೊfದು, 3ೋe- ೆ ೊIಾJ? ಆ 3ೋe- ಅ F ಇವ ೆ )ೇತ ಅವರ IಾH: ಮದು1ೆ ಆ ಾJ ಇಲF ಸ. ಒಂದು ಅದು Pಾ ಾದರೂ Gೋ98ೆPಾ? ೕ ಅ´3ಾ 2: ಾನು 3ೇ½Û%ೋದು ಅವ ೆ, ಅವ ೆ ಕ£Ààp- ಆ8ೆo GೇX. ೕ ಅ´3ಾ 2: ೋ2 ಬ -, Nಮh ಮಗ ಬಂ8ೆo ಕ3ೊಂ-ಡು ಬN/. ಇ=ಾFಂ8ೆo Nೕವ7 =ೇ2ೕ ಬ%ೋದು !ೇಡ, ಅವರವರ ತಂ8ೆ ಹcJರ ಕX;3ೊ2. ೕ ಅ´3ಾ 1: ಆBೕ=ೆ 3ೇX, ಅ8ೇ ಅ8ೇ GೇXJN. ಈ GೆಣುÍ ಮಗಳದು Pಾವ7ದು cೕ$ಾ-ನ ಆ ೋವ%ೆಗೂ... )ೇತ ಅವರ ತಂ8ೆ: Gೌದು. ೕ ಅ´3ಾ 1: Nಮh ಮಗಂದು Pಾವ78ೇ ಮದು1ೆ ಅದು ಇದು $ಾqÉâÃ2. )ೇತ ಅವರ ತಂ8ೆ: ಆಯುJ. ಖಂ2ತ, Gೌದು ಸ.” 30 Therefore, on these seriously contested facts and credibility of narrative and counter narrative, as also the audio script, this becomes a fit case for investigation in the least, rather than summary adjudication in the proceedings seeking quashing of FIR. 16. It becomes apposite, in this regard, to refer to the judgment of the Apex Court in PRADEEP KUMAR KESARWANI v. STATE OF UTTAR PRADESH1, wherein it is held as follows: “…. …. …. 18. There is a clear distinction between rape and consensual sex and in a case where there is a promise of marriage, the Court must very carefully examine whether the accused had actually wanted to marry the victim, or had mala fide motives and had made a false promise to this effect only to satisfy his lust, as the latter falls in the ambit of cheating or deception.” The Apex Court holds that in cases of rape on false promise of marriage, the Courts must examine if accused made promise only to satisfy his lust, as there is a clear distinction between rape and consensual sex. 1 2025 SCC OnLine SC 1947 31 17. It is further apposite to refer to the judgment of the Apex Court in the case of KAPTAN SINGH v. STATE OF UTTAR PRADESH2, wherein it has been held as follows: “…. …. …. 9.1. At the outset, it is required to be noted that in the present case the High Court in exercise of powers under Section 482 Cr.P.C.,, has quashed the criminal proceedings for the offences under Sections 147, 148, 149, 406, 329 and 386 IPC. It is required to be noted that when the High Court in exercise of powers under Section 482 Cr.P.C.,, quashed the criminal proceedings, by the time the investigating officer after recording the statement of the witnesses, statement of the complainant and collecting the evidence from the incident place and after taking statement of the independent witnesses and even statement of the accused persons, has filed the charge-sheet before the learned Magistrate for the offences under Sections 147, 148, 149, 406, 329 and 386 IPC and even the learned Magistrate also took the cognizance. From the impugned judgment and order [Radhey Shyam Gupta v. State of U.P., 2020 SCC OnLine All 914] passed by the High Court, it does not appear that the High Court took into consideration the material collected during the investigation/inquiry and even the statements recorded. If the petition under Section 482 Cr.P.C.,, was at the stage of FIR in that case the allegations in the FIR/complaint only are required to be considered and whether a cognizable offence is disclosed or not is required to be considered. However, thereafter when the statements are recorded, evidence is collected and the charge-sheet is filed after conclusion of the investigation/inquiry the matter stands on different footing and the Court is required to consider the material/evidence collected during the investigation. Even at this stage 2 (2021) 9 SCC 35 32 also, as observed and held by this Court in a catena of decisions, the High Court is not required to go into the merits of the allegations and/or enter into the merits of the case as if the High Court is exercising the appellate jurisdiction and/or conducting the trial. As held by this Court in Dineshbhai Chandubhai Patel [Dineshbhai Chandubhai Patel v. State of Gujarat, (2018) 3 SCC 104 : (2018) 1 SCC (Cri) 683] in order to examine as to whether factual contents of FIR disclose any cognizable offence or not, the High Court cannot act like the investigating agency nor can exercise the powers like an appellate court. It is further observed and held that that question is required to be examined keeping in view, the contents of FIR and prima facie material, if any, requiring no proof. At such stage, the High Court cannot appreciate evidence nor can it draw its own inferences from contents of FIR and material relied on. It is further observed it is more so, when the material relied on is disputed. It is further observed that in such a situation, it becomes the job of the investigating authority at such stage to probe and then of the court to examine questions once the charge-sheet is filed along with such material as to how far and to what extent reliance can be placed on such material. 9.2. In Dhruvaram Murlidhar Sonar [Dhruvaram Murlidhar Sonar v. State of Maharashtra, (2019) 18 SCC 191 : (2020) 3 SCC (Cri) 672] after considering the decisions of this Court in Bhajan Lal [State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426] , it is held by this Court that exercise of powers under Section 482 Cr.P.C.,, to quash the proceedings is an exception and not a rule. It is further observed that inherent jurisdiction under Section 482 Cr.P.C.,, though wide is to be exercised sparingly, carefully and with caution, only when such exercise is justified by tests specifically laid down in the section itself. It is further observed that appreciation of evidence is not permissible at the stage of quashing of proceedings in exercise of powers under Section 482 Cr.P.C., Similar view has been expressed by this Court in Arvind Khanna [CBI v. Arvind Khanna, (2019) 10 SCC 686 : (2020) 1 SCC (Cri) 94] 33 , Managipet [State of Telangana v. Managipet, (2019) 19 SCC 87 : (2020) 3 SCC (Cri) 702] and in XYZ [XYZ v. State of Gujarat, (2019) 10 SCC 337 : (2020) 1 SCC (Cri) 173] , referred to hereinabove. 9.3. Applying the law laid down by this Court in the aforesaid decisions to the facts of the case on hand, we are of the opinion that the High Court has exceeded its jurisdiction in quashing the criminal proceedings in exercise of powers under Section 482 Cr.P.C., 10. The High Court has failed to appreciate and consider the fact that there are very serious triable issues/allegations which are required to be gone into and considered at the time of trial. The High Court has lost sight of crucial aspects which have emerged during the course of the investigation. The High Court has failed to appreciate and consider the fact that the document i.e. a joint notarised affidavit of Mamta Gupta Accused 2 and Munni Devi under which according to Accused 2 Ms Mamta Gupta, Rs 25 lakhs was paid and the possession was transferred to her itself is seriously disputed. It is required to be noted that in the registered agreement to sell dated 27-10-2010, the sale consideration is stated to be Rs 25 lakhs and with no reference to payment of Rs 25 lakhs to Ms Munni Devi and no reference to handing over the possession. However, in the joint notarised affidavit of the same date i.e. 27-10-2010 sale consideration is stated to be Rs 35 lakhs out of which Rs 25 lakhs is alleged to have been paid and there is a reference to transfer of possession to Accused 2. Whether Rs 25 lakhs has been paid or not the accused have to establish during the trial, because the accused are relying upon the said document and payment of Rs 25 lakhs as mentioned in the joint notarised affidavit dated 27-10-2010. It is also required to be considered that the first agreement to sell in which Rs 25 lakhs is stated to be sale consideration and there is reference to the payment of Rs 10 lakhs by cheques. It is a registered document. The aforesaid are all triable issues/allegations which are required to be considered at the time of trial. The High Court has failed to notice and/or consider the material collected during the investigation. 34 11. Now so far as the finding recorded by the High Court that no case is made out for the offence under Section 406 IPC is concerned, it is to be noted that the High Court itself has noted that the joint notarised affidavit dated 27-10-2010 is seriously disputed, however as per the High Court the same is required to be considered in the civil proceedings. There the High Court has committed an error. Even the High Court has failed to notice that another FIR has been lodged against the accused for the offences under Sections 467, 468, 471 IPC with respect to the said alleged joint notarised affidavit. Even according to the accused the possession was handed over to them. However, when the payment of Rs 25 lakhs as mentioned in the joint notarised affidavit is seriously disputed and even one of the cheques out of 5 cheques each of Rs 2 lakhs was dishonoured and according to the accused they were handed over the possession (which is seriously disputed) it can be said to be entrustment of property. Therefore, at this stage to opine that no case is made out for the offence under Section 406 IPC is premature and the aforesaid aspect is to be considered during trial. It is also required to be noted that the first suit was filed by Munni Devi and thereafter subsequent suit came to be filed by the accused and that too for permanent injunction only. Nothing is on record that any suit for specific performance has been filed. Be that as it may, all the aforesaid aspects are required to be considered at the time of trial only. 12. Therefore, the High Court has grossly erred in quashing the criminal proceedings by entering into the merits of the allegations as if the High Court was exercising the appellate jurisdiction and/or conducting the trial. The High Court has exceeded its jurisdiction in quashing the criminal proceedings in exercise of powers under Section 482 Cr.P.C., 13. Even the High Court has erred in observing that original complaint has no locus. The aforesaid observation is made on the premise that the complainant has not placed on record the power of attorney along with the counter filed before the High Court. However, when it is 35 specifically stated in the FIR that Munni Devi has executed the power of attorney and thereafter the investigating officer has conducted the investigation and has recorded the statement of the complainant, accused and the independent witnesses, thereafter whether the complainant is having the power of attorney or not is to be considered during trial. 14. In view of the above and for the reasons stated above, the impugned judgment and order [Radhey Shyam Gupta v. State of U.P., 2020 SCC OnLine All 914] passed by the High Court quashing the criminal proceedings in exercise of powers under Section 482 Cr.P.C., is unsustainable and the same deserves to be quashed and set aside and is accordingly quashed and set aside. Now, the trial is to be conducted and proceeded further in accordance with law and on its own merits. It is made clear that the observations made by this Court in the present proceedings are to be treated to be confined to the proceedings under Section 482 Cr.P.C., only and the trial court to decide the case in accordance with law and on its own merits and on the basis of the evidence to be laid and without being influenced by any of the observations made by us hereinabove. The present appeal is accordingly allowed.” (Emphasis supplied) The Apex Court holds that this Court should not interfere at the stage of crime, if the case projected is shrouded with seriously disputed questions of fact, which the case on hand is. The crime is registered on 10-01-2026. This petition is preferred on 17-01-2026 and there is an interim order of stay. Therefore, no investigation worth the name has happened in the case at hand, while the 36 fulcrum of the complaint cried for investigation. In the light of the aforesaid facts and the judgments of the Apex Court, I decline to extend the protective hand of this Court under Section 528 of the BNS to nip the crime in the bud. 18. Finding no merit in the petition, the petition stands dismissed. Interim order, if any operating, shall stand dissolved. Consequently, I.A.No.2 of 2026 stand disposed. It is made clear that the observations made during the course of this order are only for the purpose of consideration of the case of the petitoner under Section 528 of the BNSS and the same would not bind or influence the FIR and further proceedings pending before the concerned Court. Sd/- (M.NAGAPRASANNA) JUDGE Bkp CT:MJ