IN THE HIGH COURT OF KARNATAKA AT BENGALURU
J.M.KHAZI
Arvind R. – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. Petitioner in Crl.P.No.9365/2023 is accused No.1. Petitioners in Crl.P.No.12149/2022 are accused Nos.2 and 3. They have filed these petitions under Section 482 Cr.P.C, with a prayer to quash criminal proceedings initiated against them in Cr.No.73/2022 on the file of XXXIX ACMM, Bengaluru for the offences punishable under Sections 417 , 420, 376 r/w Section 34 of IPC.
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2. For the sake of convenience, the parties are referred to by their ranks before the trial Court.
3. In support of the petition, accused Nos.1 to 3 have contended that the allegations made in the complaint are false, frivolous and does not merit consideration. Accused Nos.2 and 3 had no information about the relationship between accused No.1 and respondent No.2. Such being the case, they are falsely implicated. Respondent No.2 is an adult and knowing fully well about the nature of relationship, she has given her consent. When accused No.1 went to Canada for studies, to stall his progress, respondent No.2 has given false complaint. She was in the habit of breaking the relationship on and off and moving away from accused No.1. Her behaviour was not acceptable to accused No.1. None of the ingredients of offence
Prashant Vs. State of NCT Delhi
Lalu Yadav Vs. The State of Uttar Pradesh and Ors.
In consensual relationships, false allegations do not constitute a criminal offence, and prosecution aimed at coercion is an abuse of the process of the court.
The court found that allegations of cheating were unfounded as the complainant misrepresented her marital status while the relationship was consensual, reinforcing the principle that misuse of legal ....
Cheating – Long duration of physical relationship between partners without protest and insistence by female partner for marriage, would be indicative of a consensual relationship.
Prosecution cannot proceed against individuals absent specific allegations; mere familial ties do not implicate individuals in criminal conduct.
Prolonged consensual relationships cannot retrospectively be deemed deceitful, as invoking criminal law for personal disputes amounts to abuse.
Rape, cheating and stalking – Criminal case cannot be quashed when there are serious factual disputes.
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