ORDER : M.Nagaprasanna, J. Petitioner/accused No.2 is at the doors of this Court calling in question registration of a crime in Crime No.310/2025 registered for offences punishable under Sections 69, 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 ('the BNS' for short). 2. Heard Sri. Chandan B.K., learned counsel for Sri. Nitin Ramesh, learned counsel appearing for the petitioner; Sri. B.N. Jagadeesha, learned Additional Special Public Prosecutor appearing for respondent No.1; Sri. Pradeep H.S., learned counsel appearing for respondent No.2. 3. Facts adumbrated are as follows: A complaint comes to be registered by respondent No.2, who is said to have had a relationship with the son of the petitioner. The relationship is said to have blossomed into being physical, as well and on the pretext of promise of marriage. The breach of promise of marriage leads respondent No.2/complainant to register a complaint, which becomes a crime in crime No.310/2025 for the aforesaid offences. The petitioner being arrayed as accused No.2 in the said crime is what has driven the petitioner to this Court in the subject petition. 4. The learned counsel appearing for the petitioner submits that the father has instigated the son to destroy the evidence i.e., the mobile phone, which would clearly indicate that the offence under Section 169 of the BNS is clearly met and further submits that the father of accused No.1, has no role to play insofar as the offences under Sections 69 or 318(4) of the BNS is concerned. The entire allegation is against accused No.1, who is said to have had a relationship with the complainant. Therefore, he would seek quashment of the proceedings. 5. The learned counsel appearing for respondent No.2/complainant would vehemently refute the submissions in contending that the ingredients of Sections 69 or 318(4) of the BNS would clearly get attracted in the case at hand, as the petitioner, the father of the accused No.1 has also instigated the accused No.1 to breach the promise of marriage. He would submit that it is a matter of investigation. 6. The learned Additional Special Public Prosecutor would also toe the lines of the learned counsel appearing for respondent No.2 in contending that it is a matter of investigation and this Court should not interfere at this stage. 7. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material available on record. 7. I have given my anxious consideration to the submissions made by the respective learned counsel and have perused the material available on record. 8. The afore-narrated facts are a matter of record. What drives the petitioner to this Court is the registration of the complaint. The complaint reads as follows: "Inspector of Police Ramamurthy Nagar Police Station Bengaluru, Karnataka Subject: Respected sir I am writing this letter with I heavy heart and deep distress with atmost faith in the law to seek justice for the game wrongs committed against me i request you to kindly register a case against Nitin gunashekar and his father going to Shekar both residence of Golden Lake View Apartment 55 08 rupaye na Agrahara Bommanahalli Bengaluru. Nitin came into contact with me at 24/7 company which is located at Marathahalli Bengaluru we worked together and no each other for more than 10 years for the first 5 years he existly promise to marry me in person through phone calls messages and even in front of both families. This relationship was not casual or one sided Nitin was the one who first approached my mother and personally request and her to stop looking for other marriage alliances assures her that he was committed to marrying me he initiated the talks of marriage and followed at by bringing his own parents to visit their house and giving us every reason to believe that this was a sincere and genuine commitment. These assurance continued until as recently as 29th April 2025 when we were supposed to finding a marriage plans however he suddenly cut off all communications and disappeared without any explanation abandoning the commitment and emotionally devastating me Throughout the relationship Nitin emotionally manipulated me making me believe him under Falls from is of marriage he physical and emotionally exploited me repeatedly he assured that he will marry me and took shoes amount of cash gold and iPhone and valuable items from me. Later 3 to 4 other women had reached me stating that he followed the same pattern with the other for women's too I have personally received messages and calls from at least 3 to 4 women who were also mustard and Bean used by him for his gain He had taken me on private trips to discuss about marriage and promised me to see a future with me Before disturbingly on one private which he forcefully took me he physically assaulted me and threatened to push me of a cliff at remote forest location with no mobile network since then I have land in fear he also sent ruder heel my residence and police station to intermediate me I fear stepping out alone as I believe there is a serious trip to my safety. It has now become clear that this cheating and manipulation is not just by Nitin but actually supported and plan by his father Gunasekar yes his father is a completely unnamed in this pattern of cheating and abuse and is supporting Nitin in every step they are both operating together in a premeditated and organised manner and I blame they are a threat to other women as well know woman is safe around Nitin Gunasekar. while I was trying to file a case Nitin deliberately went head and filed for a bail and started sending notice notice to my residence triggering D faming and mentally harassing me this shows that he is Miss uses the law in advance knowing the severity of his action. I am now stepping forward to file this form complaint to bring the truth to light and see protection. Nitin Gunasekar's bail petition anticipates charges of rape and cheating he is clearly aware of his own conduct. He has wrongfully invoke the Other community and other caste for his personal game to manipulate the law. He also took my high value phone which are most of our conversations and evidence he snatched the phone forcefully from me and hit me on my face trying to destroy the evidence however I have saved most of the evidence in iCloud which I can produce before law at any point of time. He also took my high value phone which are most of our conversations and evidence he snatched the phone forcefully from me and hit me on my face trying to destroy the evidence however I have saved most of the evidence in iCloud which I can produce before law at any point of time. In view of the above i request you to Kindly Provide Just twist Arrange to return my Personal and Valuable Belongings Taken by I am fully Prepared satisfied with his to submit All supporting evidences Including screenshots Charts Photographs And call logs To Investigation. I place my Complete trust In the justice System And Request Immediate legal action Prevent Further harm to others and ensure Justice is served." A perusal at the complaint would clearly indicate that respondent No.2 and the son of the petitioner had a relationship. The relationship as narrated in the complaint was physical as well on the pretext of promise of marriage. Whether it is promise of marriage or otherwise, qua the complainant and the son. The offence alleged against the petitioner under Section 69 of the BNS admittedly cannot be laid. 9. Section 69 of the BNS reads as follows: "69. Whoever, by deceitful means or making by promise to marry to a woman without any intention of fulfilling the same, and has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine." Section 69 of the BNS deals with the offence committed by a person, who would have relationship by deceitful means of marriage. The relationship alleged is against accused No.1 and not against the father/accused No.2. 10. What remains is Section 318(4) of the BNS, which is cheating as ingredients of which are obtaining under Section 415 of the earlier regime the IPC. 11. A perusal at the same would not also indicate any ingredient that would touch upon the offences against the father. Therefore, permitting further proceedings against the father/accused No.2 would undoubtedly become an abuse of the process of the law and result in miscarriage of justice. Therefore, the proceedings against the father/accused No.2 shall stand obliterated. 12. For the aforesaid reasons, the following: ORDER (i) Criminal petition is allowed. Therefore, permitting further proceedings against the father/accused No.2 would undoubtedly become an abuse of the process of the law and result in miscarriage of justice. Therefore, the proceedings against the father/accused No.2 shall stand obliterated. 12. For the aforesaid reasons, the following: ORDER (i) Criminal petition is allowed. (ii) Proceedings in crime No.310/2025 pending before the XI Additional Chief Judicial Magistrate, Bangalore stands quashed qua the petitioner/accused No.2. (iii) It is made clear that the observations made in the course of the order would be applicable only to the father/accused No.2 and not to accused No.1 or any other accused in the crime. Ordered accordingly.