Sri Suresh Kumar @ Suresh Jain v. State Of Karnataka

Sri Suresh Kumar @ Suresh Jain v. State Of Karnataka

(High Court Of Karnataka)

CRIMINAL PETITION NO. 1255 OF 2023 CONNECTED WITH CRIMINAL PETITION NO.1257 OF 2023 | 13-02-2023

1. Learned HCGP takes notice for respondent No.1/State in both cases.

2. Office objections are hereby ruled out in Crl.P.No.1255/2023.

3. Both these petitions are taken up together as it belongs to the common petitioner and respondent No.2 and the common offence.

4. Crl.P.No.1255/2023 is filed by the petitioner/accused under section 482 of Cr.P.C for quashing the criminal proceedings in CC.No.25301/2019 arising out of FIR in Crime No.221/2019 registered by the Koramangala police station pending on the file of XLV ACMM, Bengaluru for the offence punishable under Section 354, 354A, 506 and 380 of IPC.

5. Crl.P.No.1257/2023 is filed by the same petitioner/accused under section 482 of Cr.P.C for quashing criminal proceedings in SC.No.650/2022 pending on the file of LIII Additional City Civil Sessions Judge, Bengaluru in respect of FIR No.136/2019 registered by Bommanahalli, Mico layout subdivision, Bengaluru charge sheeted for the offence punishable under Sections 376, 342, 417, 504 and 506 of IPC.

6. During the pendency of the petition, both petitioner and respondent No.2 appeared through the counsel and filed joint affidavit in both the cases.

7. Learned counsel for the petitioner submits both the parties had fallen in love and both of them were major and there was sexual intercourse between them and thereafter there was dispute among them. Later, due to the strain in the relationship, the marriage could not take place. Thereafter, complaint came to be filed, now the parties have settled their issues and the victim do not want to pursue the matter and she wants to close the matter by quashing the criminal proceedings. As per the terms of the compromise, the petitioner handed over Demand Draft for Rs.2 lakhs and the same is received and acknowledged by the victim in the court in presence of the advocate.

8. The submission of both parties is placed on record.

9. In view of the judgment passed by this court in catena of decisions, promise of marriage does not amount to rape and this court has quashed the criminal proceedings. Such being the case, when the parties have settled their issues, both petitioner and the victim being major, therefore the offence under section 376 of IPC cannot be sustainable. The remaining offence are compoundable with meager punishment. Such being the case, in the interest of both parties, they are permitted to compound the offence.

Accordingly, both the petitions are allowed.

Consequently, in Crl.P.No.1255/2023 the criminal proceedings filed against the petitioner in CC.No.25301/2019 arising out of FIR in Crime No.221/2019 registered by the Koramangala police station pending on the file of XLV ACMM, Bengaluru and in Crl.P.No.1257/2023 the criminal proceedings filed against the petitioner in S.C.No.650/2022 pending on the file of LIII Additional City Civil Sessions Judge, Bengaluru in respect of FIR No.136/2019 registered by Bommanahalli, Mico Layout Sub-Division, Bengaluru, are hereby quashed.

Advocate List
Bench
  • HON'BLE MR JUSTICE K.NATARAJAN
Eq Citations
  • LQ
  • LQ/KarHC/2023/698
Head Note

Criminal Procedure Code, 1973 — S. 482 — Quashment of criminal proceedings — When parties have settled their issues and victim does not want to pursue the matter and wants to close the matter by quashing the criminal proceedings — Held, when parties have settled their issues, both petitioner and victim being major, therefore offence under S. 376 IPC cannot be sustainable — Remaining offence are compoundable with meager punishment — In the interest of both parties, they are permitted to compound the offence — Penal Code, 1860, S. 376