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.

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 offences punishable under Sections 417 , 420, 376 r/w Section 34 of IPC are attracted. The concerned police without verifying the contents of the complaint have mechanically registered the case.

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3.1 So far as accused Nos.2 and 3 are concerned, they have further contended that they are falsely implicated to pressurize accused No.1. Complainant and accused No.1 are major and consenting parties and accused Nos.2 and 3 have nothing to do with them. Continuation of the criminal proceesings would amount to abuse of the process of the Court.

4. In support of his arguments learned counsel representing petitioners has relied upon the following decisions:

(i) Prashant Vs. State of NCT Delhi , 2024 INSC 879

(ii) Lalu Yadav Vs. The State of Uttar Pradesh and Ors. 2024 INSC 782

(iii) Satish Vs. State of Karnataka & Ors. Crl. Pet. No. 6419/2024 dated 14.11.2024

(iv) Jaspal Singh Kaural Vs. State of NCT of Delhi and Anr. 2025 INSC 457

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(v) Biswajyothi Chatterjee Vs. State of West Bengal and Ors. 2025 INSC 458

5. On the other hand, learned High Court Government Pleader for respondent No.1 State and learned counsel representing respondent No.2 would submit that respondent No.2 has filed complaint alleging that she was in relationship with accused No.1. Both of them studied at Cathedral PU college during 2013-2015. Respondent No.2 fell in love with accused No.1 during 2016. Due to misunderstanding and family pressure, they broke up in 2017. Again during 2018, they continued their relationship. Despite objection from accused Nos.2 and 3 who are his parents, accused No.1 went ahead with his relationship and promised to marry her after his Masters in Canada and after convincing his parents. In this background, they entered into physical relationship for about 4-5 years. Accused No.1 has exploited her physically and mentally. Matter require full fledged trial and pray to dismiss the petitions.

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6. In support of his arguments learned counsel representing respondent No.2 has relied upon the following decisions:

(i) Sanapareddy Maheedhar Seshagiri Vs. State of A.P. (2007) 13 SCC 165

(ii) State of U.P. Vs. Naushad , (2013) 16 SCC 651

(iii) State of M.P. Vs. Laxmi Narayan , (2019) 5 SCC 688

(iv) Anurag Soni Vs. State of Chhattisgarh , (2019) 12 SCC 1

7. Heard elaborate arguments of both sides and perused the record.

8. As evident from the complaint, when the complaint was fi