MR. ALOKA KUMAR S/O GOVINDAPPA Vs. THE STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE STATION. REP. BY SPP, HCK, BANGALORE

JUDGEMENT

(1.) This petition is filed for quashing of the cognizance taken by the Civil Judge and JMFC, Nelamangala and also for quashing of the charge sheet filed in CC No. 2010/2016 on the file of the learned Civil Judge and JMFC, Nelamangala for the offence punishable under sections 143, 376, 323, 504, 506, 417 read with Section 34 of IPC.

(2.) Heard the learned counsel for the petitioners and the respondent No. 2 and also the learned High Court Government Pleader for respondent No. 1. Perused the records.

(3.) The learned counsel for the petitioners strenuously contends that none of the offences are constituted, even on careful perusal of the entire charge sheet papers including the statement of the victim girl. He further contends that on perusal of the charge sheet, it clearly discloses that it is a consensual sex between the petitioner No. 1 as well as respondent No. 2. Therefore, Section 376 or 417 of IPC are not applicable. The victim girl is aged more than 18 years and she knowing fully well about the consequences, has joined hands with the petitioner No. 1 and have had sexual activity with each other. Therefore, there was no question of petitioner persuading her on the guise of marrying her and to have sexual intercourse with her. There is long lapse of time for more than seven years in lodging the complaint from the date of the alleged offence.