This High Court quashed criminal proceedings in an SC/ST case and IPC complaints where no false promise at inception was alleged. The court held no essential ingredients existed for the offences.
Criminal petition allowed; proceedings in SC No.282/2018 insofar as it relates to accused No.1 quashed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2022
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.3596/2018
BETWEEN:
SHIVU @ SHIIV KUMAR S/O KEMPEGOUDA, AGED ABOUT 28 YEARS, SRINIDHI LAYOUT, CHUNCHAGHATTA, NEAR BRIGADE MILLENIUM,
BENGALURU-560 076.
...PETITIONER
(BY SRI RAGHAVENDRA GOWDA K., ADVOCATE FOR
SRI MOHAN KUMAR D., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI S. VISHWAMURTHY, HCGP FOR R-1; R-2 IS SERVED BUT UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE
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COMPLAINT, FIR AND ENTIRE PROCEEDINGS IN S.C.NO.282/2018 FILED BY THE RESPONDENT NO.2 ON THE FILE OF CCH-17 CITY COURT COMPLEX, BENGALURU REGISTERED IN CRIME NO.452/2017 BY THE RESPONDENT KONNAKUNTE POLICE STATION AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 417, 376, 313, 341, 354, 509, 506 R/W 34 OF IPC AND SECTION 3(1)(xi) OF SC/ST (POA) ACT AND ETC.
THIS CRIMINAL PETITION COMING ON FOR HEARING, THE COURT MADE THE FOLLOWING:
O R D E R
The police after investigation submitted a charge sheet for the offences punishable under Sections 417, 376, 313, 341, 354, 509, 506 read with Section 34 of IPC and Section 3(1)(xi) of SC and ST (Prevention of Atrocities) Act, 1989 alleging that the petitioner - accused No.1 by promising to marry CW1 had sexual intercourse with CW1 and when she was pregnant, she was forced to terminate the pregnancy at the instance of accused No.1.
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allegation that promise to marry was false promise at the inception, the false promise itself must be of immediate relevance or bear a direct nexus to the woman's decision to engage in the sexual act. In the present case, there is no allegation that promise made to the 2nd respondent was false at the inception. Charge sheet material does not disclose that the petitioner by using force or by assaulting has outraged the modesty of the victim so as to constitute the offence punishable under Section 3(1)(xi) of Atrocities Act. Hence, in the absence of any essential ingredients so as to constitute the offences alleged against the petitioner- accused No.1, the filing of charge sheet against the petitioner - accused no.1 is without any substance. Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed;
ii) The impugned proceeding in SC No.282/2018 pending on the file of the CCH-17, City Court Complex, Bangalore City, insofar as it relates to accused No.1 is hereby quashed.
BKM
3 issues framed by the court
Whether proceedings for rape and sexual harassment can be quashed in the absence of allegation that the promise to marry was false or forced termination of pregnancy was not part of the offence ingred
Whether essential ingredients to constitute the offence under Section 3(1)(xi) of SC/ST (POA) Act are present in the case facts.
Whether the filing of charge sheet has any substance in the absence of direct nexus between false promise and sexual act.
Colour shows how this judgement treated each authority
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Pramod Suryabhan PawarRelied on¶28
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3 provisions across 3 enactments
Shivu @ Shiiv Kumar
State of Karnataka
Sowmya
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court