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Judgment
Hemant Chandangoudar, J
Learned High Court Government Pleader accepts notice for respondent No.1-State.
Smt. Nandini B, learned counsel files vakalat for respondent No.2 and the same is placed on record.
The petitioner challenges the registration of the crime for the offences punishable under Section 318(2), 69 and 88 of BNS, 2023.
The 2nd respondent lodged the first information report alleging that the petitioner induced the complainant to have sexual intercourse by promising to marry and thereafter breached the promise of marriage.
The 2nd respondent-defacto-complainant is present before this court and has filed an application for compounding along with an affidavit stating that the sexual intercourse between them was consensual one as they were in love with each other and accused had assured that he would solemnize the marriage with the defacto-complainant. The FIR was lodged inadvertently when the petitioner-accused refused to marry her. She further agreed to withdraw all the allegation made against the petitioner and further has no objection for quashing the impugned FIR.
The application along with an affidavit is placed on record.
The learned counsel for the petitioner submits that the petitioner has not given any assurance that he would solemnize the marriage with the defacto-complainant.
In view of the settlement arrived between the parties, continuing the investigation against the petitioner would be a futile exercise, as the probability of Police filing the charge sheet is remote and bleak. The continuation of the investigation would amount to an abuse of the process of law. Accordingly, I pass the following:
ORDER
i) The Criminal petition is allowed
ii) The Impugned FIR in Crime No.77/2025, registered by the Mahalakshmipuram Police Station which was subsequently transferred to the Ramamurthy Nagar Police station in Crime No.228/2025, on the file of the learned XI Addl. Chief Judicial Magistrate, Nrupatunga Road, Bengaluru City insofar it relates to accused-petitioner herein is hereby quashed.
iii) The Chief Superintendent of Central Prison, Parappana Agrahara, Bengaluru, is hereby directed to release the petitioner-accused from the Judicial Custody forthwith, if he is not required in any other case.
Pending I.A/s do not survive for consideration and stands disposed of.
Hand delivery ordered.