IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4123 OF 2025 BETWEEN:

SHAIK IBRAHIM S/O SHAIK MASTHAN, AGED ABOUT 27 YEARS, R/AT VENKATESWARA PG, 6^TH CROSS, ASHWATH NAGAR, MARATHAHALLI, BENGALURU-560 037 PERMANENTLY R/AT NO.5/506-G, EGUVAGADD STREET, NOONEVARIPALLI ROAD, RAJAMPETA, CUDDAPAH, ANDHRA PRADESH-516115 …PETITIONER (BY SRI. KARTHIK YADAV U., ADVOCATE)

AND:

Digitally signed

1. STATE OF KARNATAKA by MARKONAHALLI BY MARATHAHALLI POLICE, RAMU PRIYA Location: H IGH BENGALURU CITY-560037 COURT OF REPT. BY SPP, KARNATAKA HIGH COURT OF KARNATAKA, BENGALURU-560001

2. ASHWINI, D/O VEERANAGOUDA PATIL, AGED ABOUT 27 YEARS, R/AT SHARANYA LUXURY LADIES PG, NEAR NELIVIGI EYE HOSPITAL, BELLANDUR, BENGALURU-560103 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;

VIDE ORDER DATED 14.07.2025, SERVICE OF NOTICE TO RESPONDENT NO.2 IS HELD SUFFICIENT)

THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C. (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR AND COMPLAINT, IN CR.NO.106/2025 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 420, 417 OF IPC, ON THE FILE OF 1^ST RESPONDENT POLICE / MARATHAHALLI P.S., BENGALURU, WHICH IS NOW PENDING ON THE FILE OF XXIX ADDL. CJM, MAYO HALL, BENGALURU AS IT IS AN ABUSE OF PROCESS OF COURT.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, the petitioner seeks the following reliefs:-

a) Call for records, if necessary.

b) Quash the FIR and Complaint in Cr.No.106/2025, for the offence punishable u/secs. 420, 417 of IPC, on the file of 1^st Respondent Police/Marathahalli PS, Bengaluru, which is now pending on the file of XXIX Addl. CJM, Mayohall, Bengaluru, as it is an abuse of process of Court.

c) Grant such other order or orders, which this Hon'ble Court may be pleased to pass, in the circumstances of the case, to stall the abuse of process of Court, in the interest of justice.

2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent No.1.

Service of notice to respondent No.2 is held sufficient.

3. A perusal of the material on record would indicate that respondent No.2/de-facto complainant filed the instant complaint registered as FIR in Crime No.106/2025 dated 19.02.2025 against the petitioner for alleged offences punishable under Sections 420 and 417 of IPC. In this context, a perusal of the impugned complaint and FIR would indicate that it is specially alleged by the respondent No.2 that the petitioner promised to marry her and subsequently went back on his promise and thereby committed the aforesaid alleged offences.

4. The impugned complaint reads as under:-

"To Inspector of Police Marathalli, Bengaluru From Date: 19-02-2025 Ashwini D/o Veeranagouda Patil, age 27 Cell no.83173385 Sharanya Luxury Ladies PG near Nelivigi Eye Hospital, Bellandur, Bengaluru.

Subject - False promise of marriage from Imbrahim Shaik Respected Sir, Myself Ashwini Patil currently working in Genpact Pvt.

Ltd.,. Kadubeesanahalli from March 15-3-2024 as Accounts Payable (PTP). During my work I met Shaik Ibrahim working as Procure to Pay in Genpact company Kadubeesanahalli. We both met as a friend in company. He got more close to me in the company. We both started talking each other in phone calls. During June 2024, we met close because I was not well and then he proposed me. We both fallen in love and then he promised to marry me in Marathalli Multiplex my friend Divya was also witness. One time, he took to multiplex in Marathalli to watch movie then he forced me to physical hand capture to my upper and lower private parts & in our office some of the colleagues know that we were lovers. We roamed in the office Prestige Tech Park Genpack Pvt., Ltd., and then he took me to Kalyana Jewellery Marathalli, to buy a ring he weared a ring to me in Kalyana Jewellers and then he