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2024 Supreme(SC) 240

B. R. GAVAI, RAJESH BINDAL, SANDEEP MEHTA
X – Appellant
Versus
A – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Sabarish Subramanian, AOR Mr. Naman Dwivedi, Adv. Mr. Vishnu Unnikrishnan, Adv. Mr. C Kranthi Kumar, Adv. Mr. Danish Saifi, Adv.
For the Respondent(s): Mr. M Yogesh Kanna, Adv. Mr. Raghunatha Sethupathy B, AOR Mr. S. Sabari Bala Pandian, Adv. Mr. Vasu Kalra, Adv. Ms. Monica Saini, Adv.

JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. The present criminal appeal challenges the order dated 3rd September 2022, passed by the learned Single Judge of the High Court of Karnataka at Bengaluru in Criminal Petition No. 8468 of 2021, whereby the High Court allowed the petition filed under Section 482 of the Criminal Procedure Code, 1973 (‘Cr.P.C.’ for short) preferred by the accused persons and quashed the entire proceedings pending against them before the 2nd Additional District and Sessions Judge, Chitradurga (hereinafter referred to as ‘trial court’) in Special Case (SC/ST) No. 1 of 2021

3. Shorn of details, the facts leading to the present appeal are as under:

3.1. The prosecution case is that in the year 2016, while the complainant/appellant was still a minor, having been born on 12th September 1998, accused No.1 after becoming acquainted with the complainant/appellant while they both were preparing for the competitive examination, made her fall in love with him. Thereafter, they entered into a relationship and were intimate with each other. Subsequently, in the year 2019, accused No. 1 took the complainant/appellant to his aunty’s house in Chitradurga whereupon he had sexual

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