Sagar S/O Annappa Chavhan Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

Sagar S/O Annappa Chavhan Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the impugned proceedings in CC No.1679/2024 on the file of the JMFC First Court, Hubballi, insofar as they relate to the petitioner – Accused No.2.

Issue for consideration

Whether the entire proceedings in CC No.1679/2024 pending before the JMFC First Court, Hubballi against the petitioner for offences punishable under Sections 323, 376 and 506 IPC should be quashed. +2 more

Court's answer

Continuation of the criminal proceedings against the petitioner would amount to an abuse of the process of law; accordingly, the petition is allowed and the impugned proceedings in CC No.1679/2024 insofar as they relate to the petitioner – Accused No.2 are quashed.

Ratio / Principle

There is no material on record to substantiate that the accused fraudulently obtained the survivor's consent for sexual intercourse with the intention of breaching his promise to marry her; therefore, the essential ingredients required to constitute the offences of cheating and rape under the IPC are not satisfied.

Key takeaways

Although the offences alleged against the petitioner are cognizable and non-compoundable, the parties having amicably resolved the dispute, subjecting the petitioner to trial would serve no purpose; the probability of the petitioner's conviction is remote and bleak in light of the settlement.ratio¶25

Detailed headnote1 paragraphs

Criminal petition under S.482 Cr.P.C. / S.528 BNSS allowed; proceedings in CC No.1679/2024 (Ashoknagar Police Station Crime No.36/2024, Hubballi) under Sections 323, 376 and 506 IPC quashed insofar as they relate to the petitioner, Accused No.2. The accused and the survivor were allegedly in a relationship from 01.01.2021 to 06.06.2024, during which sexual intercourse occurred on a promise to marry. The Court held there was no material on record to substantiate that consent was fraudulently obtained with the intention of breaching the promise to marry, and that the essential ingredients of cheating and rape under the IPC were therefore absent. The parties were present before the Court and filed a compromise petition under Section 359 read with Section 528 of the Bharatiya Nagarika Suraksha Sanhita, the survivor agreeing to withdraw all allegations and raising no objection to quashing. Although the offences were cognizable and non-compoundable, the Court held trial would serve no purpose, conviction was remote and bleak, and continuance of proceedings would be an abuse of the process of law.

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NC: 2025:KHC-D:2219 CRL.P No. 100499 of 2025

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5^TH DAY OF FEBRUARY, 2025 BEFORE

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100499 OF 2025 (482(Cr.PC)/528(BNSS))

BETWEEN:

SAGAR S/O. ANNAPPA CHAVHAN AGE. 25 YEARS, OCC. STUDENT, R/O. GEDDALAMARI TANDA, MUDDEBIHAL TALUK VIJAYAPUR DIST-599614, NOW AT GAVISIDDESHWARA COLONY, GOPANAKOPPA, HUBBALLI-580023.

…PETITIONER

(BY SRI. VISHWANATH S.BICHAGATTI, ADVOCATE)

AND:

STATE OF KARNATAKA THROUGH ASHOKNAGAR POLICE STATION, HUBBALLI, R/BY SATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580001.

B K MAHENDRAKUMAR Digitally signed by B KMAHENDRAKUMAR Location: High Court ofKarnataka, DharwadBenchDate: 2025.02.0715:50:12 +0530

SMT. MEGHA D/O. NAGANNA BADIGER AGE. 23 YEARS, OCC. STUDENT, R/O. AMBEDKAR NAGAR, SURUPURA, TQ AND DIST. YADGIRI-585201, NOW AT SC/ST LADIES STUDENTS HOSTEL, GADAG-582101.

…RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. JAYAWANT KAMBALI, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO.1679/2024 (HUBBALLI ASHOKNAGAR POLICE STATION CRIME NO.36/2024) PENDING ON THE FILE OF THE JMFC I COURT, HUBBALLI, FOR THE OFFENCES PUNISHABLE U/S 323, 376, 506 OF IPC AS AGAINST THE PETITIONER/ACCUSED.

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NC: 2025:KHC-D:2219 CRL.P No. 100499 of 2025

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

The petitioner (accused) is being prosecuted for offences punishable under Sections 323, 376, and 506 of the Indian Penal Code (IPC).

The petitioner (accused) and the survivor were allegedly in a relationship from 01.01.2021 to 06.06.2024. During this period, the accused, by promising to marry the survivor, allegedly engaged in forcible sexual intercourse with her. The survivor further alleges that the accused breached his promise to marry her and, therefore, committed the aforesaid offences.

The parties are present before this Court and have filed a compromise petition under Section 359 read with Section 528 of the Bharatiya Nagarika Suraksha Sanhita, stating that they have amicably resolved the dispute. As per the terms of the settlement, the survivor has agreed to withdraw all allegations and has no objection to the quashing of the impugned proceedings. The compromise petition is placed on record.

The petitioner (accused) and the survivor were allegedly in a relationship from 2021 to 2024. There is no material on record to substantiate that the accused fraudulently obtained the survivor’s consent for sexual intercourse with the intention of breaching his promise to marry her. This does not satisfy the

3 - NC: 2025:KHC-D:2219 CRL.P No. 100499 of 2025

essential ingredients required to constitute the offences of cheating and rape under the IPC.

Although the offences alleged against the petitioner (accused) are cognizable and non-compoundable, considering that the parties have amicably resolved the dispute, subjecting the petitioner to trial would serve no purpose. The probability of the petitioner’s conviction is remote and bleak in light of the settlement.

In view of the above, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. . Accordingly, I pass the following order:

ORDER

i) The petition is allowed.

ii) The impugned proceedings in CC No.1679/2024 on the file of learned JMFC First Court, Hubballi insofar it relates to the petitioner – accused No.2 is hereby quashed.

Sd/(HEMANT CHANDANGOUDAR) JUDGE

BKM Ct:vh

List No.: 1 Sl No.: 21