NAGARAJA Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) This is a peculiar circumstance where the alleged victim is present along with the accused before the Court to state that she is happily married to the accused and she has no interest in seeing the accused prosecuted and ultimately punished, if at all. Since she would want to live with him in harmony. The complainant is not before the Court. It is further stated that though the victim is not inclined to prosecute the case, the complainant, her mother is opposed to their marriage and therefore would insist on the prosecution being conducted. In this circumstances, the Counsel for the petitioner has produced a marriage certificate, which has been duly registered. It is noticed that, notice has been issued to the de- facto complainant, she is neither present nor is represented. In that view of the matter and in the interest of these young people who are now said to be married and the alleged victim does not seek to support the case of the prosecution. Hence, it would be an exercise in futility. Therefore, in the peculiar circumstances of this case, not withstanding that the de-facto complainant may be averse to it, given the circumstances, the petition is allowed. The proceedings pending before the Court below in Spl. C.C. No. 95/2015 on the file of the LIV Addl. City Civil and Sessions Judge at Bengaluru stands quashed.