IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 11^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON’BLE MRS.JUSTICE M.G.UMA

CRL.P.NO.102160/2019

BETWEEN :

1 .

YASHVANTHRAJ P@ YASHVANTH

S/O SHANMUKHAPPA, AGE: 29 YEARS,

OCC: SERVICE, R/O: HOLALU VILLAGE,

TQ: HOOVINAHADAGALI, DIST: BALLARI.

2 .

SMT.SHANKRAMMA W/O CHANDRAPPA

AGE: 42 YEARS, OCC: HOUSEWIFE,

R/O: HOLALU VILLAGE,

TQ:HOOVINAHADAGALI, DIST: BALLARI.

…. PETITIONERS

(BY SRI. B.V.SOMAPUR, ADVOCATE)

AND :

1.

THE STATE OF KARNATAKA

THROUGH PSI HARAPPANAHALLI POLICE STATION

REPRESENTED BY STATE PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA, DHARWAD BENCH.

2.

MAMATA.B D/O ANJANAPPA B

AGE 30 YEARS, AT JOISARAKERI.

TQ: HARAPANAHALLI. DIST: DAVANAGERE.

.... RESPONDENTS

(BY SRI.PRASHANT MOGALI, HCGP FOR R1

SRI. N.P.VIVEK MEHATA, ADVOCATE FOR R2)

THIS PETITION IS FILED UNDER SECTION 482 OF THE

CODE OF CRIMINAL PROCEDURE SEEKING TO QUASH THE

CHARGE SHEET SUBMITTED BY THE HARAPANAHALLI POLICE

IN CRIME NO.330/2018 U/S 323, 376, 420, 504 AND THE

ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONERS

IN S.C.NO.5047/2019 PENDING ON THE FILE OF THE III-ADDL.

DIST. & SESSIONS JUDGE, HOSAPETE, BALLARI IN THE

INTEREST OF JUSTICE AND EQUITY.

2

THIS PETITION COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

: ORDER :

The petitioners, who are arrayed as accused Nos.1

and 7 in Crime No.330/2018 of Harapanahalli Police

Station, which is now pending in S.C.No.5047/2019 on the

file of the learned III Addl. District and Sessions Judge,

Hosapete, Ballari (Sitting at Hosapete) for the offence

punishable under Sections 376, 420, 323 and 504 of

Indian Penal Code (hereinafter referred as ‘IPC’) are

seeking to quash the criminal proceedings initiated against

them, in the interest of justice.

2.

Brief facts of the case are that, respondent

no.2 lodged the first information against the accused

Nos.1

to

7

with

Harapanahalli

Police

Station

on

25.12.2018 stating that during the year 2008 she was

studying D.Ed and at that time, she came in contact with

the petitioner as he was also studying in the same college.

They developed intimacy and since 2009 they started

having physical relationship. It is stated that the petitioner

had promised to marry her and as such, they were having

physical relationship. Even when the informant raised her

3

apprehension that as she belongs to oppressed caste and

there may be problem in future, the, petitioner was

promising that he will marry her even though she belongs

to backward caste. On 17-11-2018, the petitioner and

respondent No.2 stayed in a lodge in Kudlagi and on 22^nd

and 23^rd October-2018 they stayed in a lodge in Dharwad

and there also the petitioner No.1 committed sexual

intercourse.

When

the

informant

expressed

her

apprehension regarding their marriage, the petitioner even

took her to Durgadevi temple and promised of marrying

her. He was also convincing the informant that even

though she belongs to backward community, he is ready

to marry her. On 21^st and 22^nd December-2018 again the

petitioner had promised to marry the informant by stating

that he is ready to go against his family members in the

matter of marrying her. This promise was again made is

Durga Devi temple. But subsequently, he started avoiding

the informant and accused Nos.2 to 6 have came and

threatened the informant not to insist the petitioner to

marry. Accordingly, 21-12-2018 the informant went to the

house of the petitioner as he tried to avoid her. Accused

4

No.7, who is his aunt abused her and assaulted.

Immediately, the informant came to the Harapanahalli

police station and took shelter. She waited for two more

days that the petitioner will return back, but when he has

not

returned,

she

filed

complaint

on

25.12.2018

requesting the police to register the case and to initiate

legal

action.

Police

register

the

case

a