KARNATAKA HIGH COURT
J.M.KHAZI, J
SRI ACHYUTHANANDA CHAND @ RAHUL – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. petition filed to quash fir under section 482. (Para 2) |
| 2. arguments against the legitimacy of the fir. (Para 4) |
| 3. relationship characterized as consensual. (Para 6 , 7) |
| 4. court's ruling on consent and abuse of process. (Para 8) |
ORAL ORDER
2. In support of the petition, the petitioner has contended that the registering of FIR, consequent investigation and charge sheet are impermissible, illegal and amount to abuse of the process of law. The allegations made in the complaint are false. Even if the entire averments made in the charge sheet are accepted, they would not attract the provisions of Sections 376 and 417 IPC. The allegations made that consistently petitioner used to take complainant to different hotels and commit sexual assault is inherently false and not reliable. Petitioner and complainant were in live-in relationship for a period of one year and stayed together. They had sexual relationship and as such Section 376 IPC would not attract. During the course of her statement before the Medical Officers and investigating officers, complainant has clearly admitted the fact of she having physical relationship with the petitioner. Such being the case it cannot
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