- 1 - HC-KAR CNR: KAHC010849662025 NC: 2026:KHC:54211 CRL.P No. 17431 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 17431 OF 2025 (482(Cr.PC) / 528(BNSS)-) BETWEEN: SRI MADHU N S/O NARAYANASWAMY, AGED ABOUT 32 YEARS, R/AT CHIKKAPURA VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT-563125 …PETITIONER (BY SRI. NANJUNDA GOWDA M R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HOSAKOTE POLICE, BENGALURU RURAL, REPRESENTED BY STATE PUBLIC PROSECUTOR BENGALURU-560 001 2. KUM. SHILPA. V D/O SAMBASHIVA RAO.V AGED ABOUT 31 YEARS, R/AT VIGNESHWARA CAMP, C.S.F POST, SINDANURU TALUK, RAICHUR-584128 …RESPONDENTS (BY SRI. RANJITH KUMAR N., HCGP FOR R1; SRI. MALLIKARJUNA REDDY.K., ADVOCATE FOR R2) Digitally Signed By: SURAJ GOVINDA RAJ 05/10/2026, 17:33, Bengaluru Verified - 2 - HC-KAR CNR: KAHC010849662025 NC: 2026:KHC:54211 CRL.P No. 17431 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO CALL FOR LCR IN S.C. 315/2025 ( IN CR.NO.124/2022 OF HOSAKOTE POLICE) WHICH IS NOW PENDING ON THE FILE OF THE 6TH ADDL. DISTRICT AND SESSIONS JUDGE, BENGLAURU RURAL DISTRICT AT BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 376(2)(n), 420 OF IPC AND ETC. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned HCGP accepts notice for respondent No.1. Sri.Mallikarjuna Reddy, learned counsel submits that he would be appearing for respondent No. 2 and he has filed vakalathnama. The same is taken on record. Registry is directed to print his name as such. 2. The petitioner is before this Court seeking for the following reliefs: i) Call for L.C.R in S.C No.315/2025 (in Crime No.124/2022 of Hosakote Police) which is now pending on the file of the 6th Additional District and Sessions Judge, Bengaluru Rural District at Bengaluru, for the offences punishable under sections 376(2)(n), 420 of IPC. ii) Quash the entire proceedings against the petitioner in S.C No.315/2025 (in Crime No.124/2022 of Hosakote Police) which is now pending on the file of the 6th Additional District and Sessions Judge, Bengaluru Rural District at Bengaluru and to acquit the petitioner for the Digitally Signed By: SURAJ GOVINDA RAJ 05/10/2026, 17:33, Bengaluru Verified - 3 - HC-KAR CNR: KAHC010849662025 NC: 2026:KHC:54211 CRL.P No. 17431 of 2025 offences punishable under sections 376(2)(n), 420 of IPC iii) Pass any other order/s as deems fit in the facts and circumstances of the case in the interest of justice. 3. Respondent No. 2 had filed a complaint on 27.04.2022 which came to be registered as Crime No. 124 of 2022 by the Hoskote Police Station on 27.04.2022 for offences under Section 376(1) and 420 of the IPC. The allegation of respondent No. 2 was that the petitioner had promised to marry respondent No. 2 and it is only for that reason that she had permitted physical interaction and sexual intercourse with the petitioner. Since the petitioner did not marry her as promised, the above complaint had been filed. 4. Today, an application under Section 320(2) read with Section 482 of CrPC has been filed to permit the petitioner and respondent No. 2 to compound the offences as alleged. A joint affidavit has been filed in support of the said application which reads as under: Digitally Signed By: SURAJ GOVINDA RAJ 05/10/2026, 17:33, Bengaluru Verified - 4 - HC-KAR CNR: KAHC010849662025 NC: 2026:KHC:54211 CRL.P No. 17431 of 2025 JOINT AFFIDAVIT We, 1) I Madhu.N, S/o.Narayanaswamy, aged about 32 years, R/a. Chikkapura Village, Chintamani Taluk, Chikkaballapur now at Bengaluru 2). Shilpa.V, D/o Sambashiva Rao.V, Aged about 31 years, R/at Vigneshwara Camp, C.S.F Post, Sindanuru Taluk, Raichur-584128, now at Bengaluru do hereby solemnly affirm and state on oath as follows; We, submit that, we know the facts and circumstances of the case. Hence, we are swearing to this affidavit. 1) We, submit that, the above case arose out of personal and private disputes and misunderstandings between us, and the same has no overriding public interest element warranting continuation of criminal prosecution 2) That with the intervention of elders, well-wishers, and family members of both sides, we have amicably resolved all our disputes voluntarily, peacefully, and without any force, pressure, threat, inducement, or coercion from any quarter. 3) That the deponent No.2 (Complainant / 2rid Respondent) states that the settlement has been arrived at out of her free will and conscious decision, after understanding the consequences of the same, and she has no subsisting grievance or claim of any nature against the deponent No.1.(Petitioner). 4) That both the deponents have agreed to put a quietus to the entire dispute and have decided not to pursue any civil or criminal proceedings against each other arising out of the aforesaid case. The Deponent No.2 has agreed to cooperate with the closure of the Digitally Signed By: SURAJ GOVINDA RAJ 05/10/2026, 17:33, Bengaluru Verified - 5 - HC-KAR CNR: KAHC010849662025 NC: 2026:KHC:54211 CRL.P No. 17431 of 2025 case in pending in C.C No.30486/2022 now pending on the file of the Hon'ble 9th ACMM, Court, Bengaluru. 5) That the continuation of the criminal proceedings would serve no fruitful purpose, would unnecessarily burden the judicial system, and would amount to abuse of process of law, in view of the genuine settlement arrived at between the parties. 6) It is submitted that, Under the aforesaid facts and circumstances of the case, we are before this Hon'ble Court with a prayer to compound the offences and quash the entire proceedings now pending. Wherefore, we pray that, this Hon'blę Court be pleased to permit us to compromise the above case and allow the accompanying application and quash the proceedings now pending in S.C No.315/2025 (in Crime No.124/2022 of Hosakote Police) for the offences punishable under Sections 376(2)(n), 420 of IPC which is now pending on the file of the 6th Additional District and Sessions Judge Bengaluru Rural District to meet the ends of justice. 5. In the joint affidavit, both parties state that the dispute arose out of personal differences and misunderstandings between them and that, with the intervention of their elders, well-wishers and family members, they have amicably settled the dispute. 6. Respondent No.2 has specifically stated that the settlement is voluntary and that it has been arrived at out of her own free will, without any force, pressure, threat, inducement or coercion. She has further stated that she has no subsisting grievance or claim against the Digitally Signed By: SURAJ GOVINDA RAJ 05/10/2026, 17:33, Bengaluru Verified - 6 - HC-KAR CNR: KAHC010849662025 NC: 2026:KHC:54211 CRL.P No. 17431 of 2025 petitioner and does not wish to pursue the criminal proceedings. 7. Respondent No.2 is present before this Court in person and is identified by her learned counsel. The Aadhaar cards of respondent No.2 and the petitioner have also been produced and are taken on record. 8. Respondent No.2 submits that, with the intervention of elders, well-wishers and family members, she and the petitioner have settled their differences. She states that the settlement is voluntary and that she has agreed to the same out of her own free will. 9. She further submits that she and the petitioner no longer intend to marry each other and have decided to go their separate ways. Both parties have also decided not to pursue any civil or criminal proceedings against each other arising out of the dispute. 10. The submission of respondent No.2 is taken on record. 11. At the outset, it is necessary to consider the application filed under Section 320(2) of the Cr.P.C. Section 320 of the Cr.P.C. provides for compounding of specified offences. The offences punishable under Sections 376(2)(n) and 420 of the IPC are not offences which can be compounded in the manner sought for under Section 320(2) of the Cr.P.C. Therefore, the prayer of the parties Digitally Signed By: SURAJ GOVINDA RAJ 05/10/2026, 17:33, Bengaluru Verified - 7 - HC-KAR CNR: KAHC010849662025 NC: 2026:KHC:54211 CRL.P No. 17431 of 2025 cannot be granted merely on the ground that they have entered into a compromise. 12. However, the application is also filed invoking Section 482 of the Cr.P.C. The power under Section 482 is distinct from the power of compounding under Section 320. While exercising jurisdiction under Section 482, this Court can consider the subsequent conduct of the parties and the settlement between them, where the Court is satisfied that continuation of the criminal proceedings would serve no useful purpose and that quashing the proceedings would secure the ends of justice. 13. Therefore, merely because an offence is not compoundable under Section 320 does not, by itself, prevent this Court from examining whether the proceedings deserve to be quashed in exercise of its inherent jurisdiction under Section 482 of the Cr.P.C. 14. In the present case, the allegation is that the petitioner had promised to marry respondent No.2 and that, on the basis of such promise, she had consented to a physical relationship with him. The complaint was lodged when the petitioner did not marry her. 15. However, respondent No.2 is now before this Court in person and has clearly stated that she does not wish to marry the petitioner and that both of them have decided to go their separate ways. She has also stated that the Digitally Signed By: SURAJ GOVINDA RAJ 05/10/2026, 17:33, Bengaluru Verified - 8 - HC-KAR CNR: KAHC010849662025 NC: 2026:KHC:54211 CRL.P No. 17431 of 2025 dispute has been amicably settled and that she does not wish to pursue the criminal proceedings against the petitioner. 16. This Court is conscious of the fact that an allegation under Section 376 of the IPC cannot ordinarily be quashed merely because the parties have entered into a settlement. The Court has to examine the nature of the allegations and the facts and circumstances of each case before exercising its jurisdiction under Section 482 of the Cr.P.C. 17. In the present case, the allegation itself is based on the petitioner's alleged promise to marry respondent No.2. Respondent No.2 has now stated before this Court that she does not wish to marry the petitioner and that both of them have decided to go their separate ways. She has voluntarily stated that she has no subsisting grievance against the petitioner and does not wish to prosecute him. 18. The statement of respondent No.2 has been made by her personally before this Court. She has been identified by her learned counsel and there is nothing on record to suggest that the settlement has been brought about by force, threat, coercion or undue influence. 19. This Court has also taken note of the fact that both parties have decided to put an end to their relationship Digitally Signed By: SURAJ GOVINDA RAJ 05/10/2026, 17:33, Bengaluru Verified - 9 - HC-KAR CNR: KAHC010849662025 NC: 2026:KHC:54211 CRL.P No. 17431 of 2025 and to go their separate ways. In these circumstances, continuation of the prosecution, despite the categorical stand of the complainant, would not serve any useful purpose. 20. It is therefore clarified that this Court is not permitting the parties to compound an offence which is not compoundable under Section 320(2) of the Cr.P.C. The application under Section 320(2) cannot be allowed as such. However, the settlement between the parties and the voluntary statement of respondent No.2 are relevant circumstances which can be considered while exercising the inherent jurisdiction of this Court under Section 482 of the Cr.P.C. 21. Having regard to the nature of the allegations, the subsequent settlement between the parties, the voluntary statement of respondent No.2 and her categorical decision not to pursue the proceedings, this Court is of the view that continuation of the criminal proceedings against the petitioner would serve no useful purpose. 22. The continuation of the proceedings in the facts of the present case would result in unnecessary hardship to the parties and would not advance the ends of justice. 23. For the above reasons, this Court is of the considered opinion that the proceedings against the petitioner are Digitally Signed By: SURAJ GOVINDA RAJ 05/10/2026, 17:33, Bengaluru Verified - 10 - HC-KAR CNR: KAHC010849662025 NC: 2026:KHC:54211 CRL.P No. 17431 of 2025 liable to be quashed in exercise of the jurisdiction under Section 482 of the Cr.P.C. 24. In that view of the matter, this Court passes a following: ORDER (i) The petition is allowed. (ii) The proceedings in S.C. No.315/2025 arising out of Crime No.124/2022 registered by Hoskote Police Station, pending before the 6th Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, insofar as the petitioner is concerned, are hereby quashed. (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 39 Digitally Signed By: SURAJ GOVINDA RAJ 05/10/2026, 17:33, Bengaluru Verified