GOPALKRISHNA D.K. Vs. NAGARAJAMMA

JUDGEMENT

(1.) The petitioners are before this Court seeking for quashing of the entire criminal proceedings initiated against the petitioners in S.C.No.5055/2017 for the alleged offences punishable under Sections 376(2)(N) , 417 , 504 , 506 , 109 r/w. Section 34 of IPC, pending on the file of the III Addl. District & Sessions Judge Court, Sitting at Hosapete, dist. Ballari.

(2.) The complainant by name Nagarajamma who is the respondent No.1 has lodged a complaint against the present petitioners which is registered as Crime NO.23/2017 in the Hosahalli Police Station for the aforesaid offences. In the complaint, it is alleged in that her parents are having three children and she is the youngest of them. Her elder sister is married and she is residing in her matrimonial home. Her brother's wife was pregnant at the time of the alleged incident, hence she was also residing in her parents home leaving the complainant to be residing with her parents.

(3.) It is alleged that, since from last one year she was having acquaintance with the accused No.1/petitioner No.1 since he was also residing in the same village. The complainant and the petitioner No.1 got to know each other and developed a relationship and on that account, the accused No.1 promising to marry the complainant, they have entered into a sexual relationship as a result of which she become pregnant. When the complainant approached the petitioner No.1 to marry her, he refused the same stating that his family members are objecting for the said marriage. It is the promise of marriage which was the reason for respondent No.1 to consent to have sexual relationship with petitioner No.1 , it is on account of the refusal to marry that the aforesaid complaint has been filed.