Kalavati v. the State of Karnataka
Case brief
What is this about?
Quashing of charge sheet and trial proceedings against relatives of the principal rape accused (Ss.376(2)(n), 109 r/w 149 IPC) whose only alleged role was opposing the accused's marriage to the complainant; no specific allegations against co-accused; prosecution of relatives as abuse of process; false promise of marriage; consent/misconception; complaint lodged after one year one month from first alleged incident (25.11.2022 incident, 25.12.2023 complaint); S.420 IPC offence dropped at charge-sheet stage; reliance on Mahesh Damu Khare v. State of Maharashtra, SLP (Crl.) 4326/2018 (Apex Court, disposed 26.11.2024); petition under S.528 BNSS (analogous S.482 CrPC); High Court of Karnataka, Kalaburagi Bench, CRL.P No. 200541 of 2025, Justice T.M.Nadaf, decided 22-05-2025.
What did the court decide?
All further proceedings in Crime No.372/2023, pending in S.C.No.17/2025, quashed insofar as the petitioners/accused Nos.2 to 7 are concerned; no order as to costs.