Voyeurism allegations are sufficient to proceed to trial, while stalking charges are quashed due to lack of evidence; High Court's discretion to quash proceedings is limited when serious factual disputes exist.

ORDER :

1. The petitioner/sole accused is before this Court calling in question entire proceedings in Special C.No.1029 of 2024 pending before the LXX Additional City Civil and Sessions Judge and Special Judge, Bangalore, arising out of crime in Crime No.471 of 2023 registered for offences punishable under Sections 354-C, 354-D, 504, 506 and 509 of the IPC, Section 66E of the Information Technology Act, 2000 and Section 3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘the Act’ for short).

2. Facts, in brief, germane are as follows: -

The 2^nd respondent is the complainant and the petitioner is the accused. The complainant and the accused met in January 2022 when the petitioner was undergoing coaching for the UPSC examination and was stationed at Delhi. The complainant is said to be acquainted with the petitioner’s sister. The complainant was also pursuing her UPSC examination and the averment in the petition is that, in the garb of exchange of notes for study to the UPSC examination, the petitioner and the complainant get in touch with each other with exchange of messages. On 12-07-2023, the petitioner is said to have met the complainant in Delhi, after which the complainant also moves to the same coaching class and further with the assistance of the petitioner gets a paying guest accommodation. The friendship between the two blossomed into relationship and it is the case of the petitioner that the two got married, but the case of the complainant is otherwise. However, the fact remains that the relationship between the petitioner and the complainant turned irrevocably sore. It is then the complainant registers a complaint before the Chandra Layout Police Station on 19-10-2023 making several allegations against the petitioner that, on the promise of marriage the petitioner had recorded all private videos of the complainant and had begun to blackmail that he would broadcast the same in all social media. The complaint becomes a crime in Crime No.471 of 2023 for several offences of the IPC, Information Technology Act and in the light of the fact that the complainant is belonging to Scheduled Tribe, the provisions of the Act was also invoked. The Police, after investigation, filed a charge sheet dropping certain provisions under the Act and adding a few on several other offences. Filing of the charge sheet is what has driven the present petitioner to this Court in the subject petition.

3. Heard Smt Monica Patil, learned counsel appearing for the petitioner, Sri B.N. Jagadeesha, learned Additional State Public Prosecutor appearing for respondent No.1 and Sri M.B. Ravikumar, learned counsel appearing for respondent No.2.

4. The learned counsel appearing for the petitioner submits that the petitioner and the 2^nd respondent had consensual physical relationship since July 2023 after their first meeting in July, up to which point in time they were still on WhatsApp. When the relationship turned sore, petitioner travels to Prayagraj and at that time, the 2^nd respondent registers a complaint before the jurisdictional Police and on 02-11-2023 tenders a statement before the Police making allegations of rape. The Police file a requisition to include the offence of commission of rape on promise of marriage. Talks of settlement are initiated by the members of the families of both the parties and on 10-11-2023 the marriage is said to be registered. On 14-12-2023 the complainant register