KALAVATI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners seeking to quash the proceedings in Crime No.372/2023 registered by Sub- Urban Police Station, Kalaburagi City, for the offences punishable under Ss. 376(2)(n), 109, 420 read with Sec. 149 of IPC. The police having completed the investigation, filed charge-sheet, which is now committed to the Sessions Court and pending in S.C.No.17/2025 on the file of the V Additional District and Sessions Judge, Kalaburagi for the offences punishable under Ss. 376(2)(n) and 109 read with Sec. 149 of IPC. Though the offence under Sec. 420 of IPC was registered while filing of the FIR, the same has been dropped while filing charge- sheet.

(2.) The factual matrix leading to the prosecution case are as under: The complainant/victim was working as a Staff Nurse at Bengaluru. She developed physical intimacy with the accused No.1 who is her relative. She filed a complaint against the accused on 25/12/2023 which reads as under: <IMG>JUDGEMENT_44_LAWS(KAR)5_2025_1.jpg</IMG> <IMG>JUDGEMENT_44_LAWS(KAR)5_2025_2.jpg</IMG>

(3.) As per the averments alleged in the complaint, the accused No.1 on a promise of marriage had sexual intercourse with the complainant and subsequently he denied to marry her. As could be seen from the last paragraph of the complaint, it is alleged that the petitioners are opposing to the marriage of the complainant with the accused No.1. The entire allegations are against accused No.1. These petitioners were not at all in the picture when the alleged acts committed by the accused No.1 and even according to the complaint averments, the allegation made against the petitioners is that, they are opposing to the marriage of the accused No.1 with the complainant.