IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 27666 OF 2023 (GM-RES)

BETWEEN:

LINGAMURTHY S/O LATE MAHESHWARAPPA AGED ABOUT 32 YEARS R/AT SOMASHETTY HALLI VILLAGE KANAKATTE HOBLI, ARSIKERE TALUK HASSAN – 573 103.

…PETITIONER (BY SRI AKASH B.SHETTY, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY HASSAN WOMEN POLICE STATION Digitally signed REPRESENTED BY THE SPP by PADMAVATHI HIGH COURT BUILDING B K BENGALURU - 560 001.

Location: H igh Court of Karnataka

2. XXXXX XXXXX XXXXX …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R1;

R2 SERVED AND UNREPRESENTED)

THIS WP IS FILED UNDER ARTICES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT AND FIR REGISTERED IN CRIME NO. 0061/2023 DTD 26/06/2023 IN WOMEN POLICE STATION, HASSAN FOR THE OFFENCES PUNISHABLE U/S 376, 420, 354C, 509, 342, 506 OF IPC, PENDING BEFORE THE 7TH ADDL. CIVIL JUDGE (JR. DN) AND JMFC COURT, HASSAN VIDE ANNEXURE-A AND B AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court calling in question the proceedings in C.C. No.4098/2023 registered for offences punishable under Sections 376, 420, 342 and 506 of the IPC.

2. Heard Sri. Akash B. Shetty, learned counsel appearing for the petitioner and Sri. Channappa Erappa, learned HCGP appearing for respondent No.1. The complainant though served long ago remains unrepresented even today.

3. Facts in brief, germane, are as follows:

The petitioner is the accused and the 2^nd respondent, the complainant. The petitioner and the complainant meet at the workplace of the complainant and develop a friendship. The friendship blossoms into relationship and the relationship becomes physical. The relationship between the two breaks. It is then that respondent No.2 registers a complaint on the score that she had entered into physical relationship with the petitioner on the false pretext of marriage, which becomes a crime in Crime No.61/2023. The police conduct investigation and file a charge sheet in C.C. No.4098/2023 for the aforementioned offences. Filing of the charge sheet is what has driven the petitioner to this Court in the subject petition.

4. The learned counsel appearing for the petitioner would submit that the relationship between the two was consensual. Learned counsel would further submit that the complainant is a married woman and the two had met when the relationship between the complainant and her husband turned sour. The allegation of physical relationship on false promise of marriage cannot sustain when the complainant is a married woman is the submission of the learned counsel.

5. Per contra, learned HCGP appearing for respondent No.1 would submit that the allegations in the complaint and the charge sheet would indicate that the relationship between the petitioner and the complainant developed on the false promise of marriage. The petitioner has also received Rs. 6 lakhs cash from the petitioner. It is for the petitioner to come out clean in a full-blown trial. Thus, seeks dismissal of the petition.

6. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material available on record.

7. The afore-narrated facts and link in the chain of events are a matter of record. The petitioner and the complainant met at the workplace of the complainant and then developed a relationship. It is an admitted fact that the complainant was a married woman. The complainant obtained a divorce from the previous marriage due to the promise of marriage by the petitioner is the allegation in the complaint. Since the entire issue is now triggered from the complaint, I deem it appropriate to notice the complaint. It reads as follows:

“UÉ ಆರ(cid:4)ಕ (cid:6)(cid:7)ೕ(cid:4)ಕರು

ಮ(cid:11)(cid:12)ಾ (cid:14)(cid:15)ೕಸ (cid:17)ಾ(cid:1