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2025 DAILYLAW 13969 (KAR)

MR. AKASHA v. STATE OF KARNATAKA

CRL.P/785/2025 · 2025-01-24

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:3269 CRL.P No. 785 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 785 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MR. AKASHA S/O L ATE HARISH AGED ABOUT 24 YEARS R/AT KORALURU VILLAGE KASABA HOBLI, HOSAKOTE TALUK BENGALURU 560 067. …PETITIONER (BY SRI. MADHU M T, ADVOCATE) AND: 1. STATE OF KARNATAKA BY THIRUMALASHETTAHALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECTOR HIGH COURT BUILDING DR. AMBEDKAR VEEDHI, BENGAURU 560 001. 2. MRS. BHUVANA W/O AKASHA AGED ABOUT 24 YEARS RA/T KORALURU VILLAGE HOSAKOTE TALUK, BENGALURU 560 067. …RESPONDENTS (BY SRI.VINAY MHADEVAIAH, HCGP FOR R-1 SRI. GIRISH KUMAR.B.M, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO (A) QUASH THECHARGE SHEET FIELD BY THE RESPONDENT NO. 1 POLICE IN CRIME NO. 68/2022 REGISTERED AS CC NO. 4941/2023 FOR OFFENCE PUNISHABLE UNDER SECTION 498A OF IPC PENDING OF THE FILE OF THE II ADDL. CIVIL JUDGE (JR.DN) AND JMFC, HOSAKOTE, BENGALURU RURAL DISTRICT VIDE ANNEXURE-A. Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3269 CRL.P No. 785 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following reliefs:- “(a) Quash the charge sheet filed by the Respondent No.1 police in Crime No.68/2022 registered as CC No.4941/2023 for offence punishable under Section 498A of IPC pending on the file of the II Addl. Civil Judge (Jr.Dn.) & JMFC, Hosakote, Bengaluru Rural District vide Annexure-A; (b) Quash the entire proceedings in C.C.No.4941/2023 pending on the file of the II Addl. Civil Judge (Jr. Dn.) & JMFC, Hosakote, Bengaluru Rural District vide Annexure-D; (c) Grant such other relief/s, pass such other Order/s as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. Learned counsel for the petitioner – accused and learned counsel for respondent No.2 – complainant have filed a Joint Affidavit duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. - 3 - NC: 2025:KHC:3269 CRL.P No. 785 of 2025 3. The petitioner – accused and respondent No.2 - complainant are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- “We, Akash, S/o late Harish, aged about 24 years, residing at: Koraluru village, Kasaba Hobli, Hosakote TalukBengaluru – 560 067 and Bhuvana, D/o Ananda, aged about 24 years, residing at: Soladenahalli, Bengaluru city Bengaluru – 560 107, do hereby and state on oath as follows: 1. We jointly state that, we are the Petitioners and the Respondent 2 in the above case. That with the intervention of the elder wishes, both parties have reconciled all the differences them and compromised the disputes in order to between them. Accordingly, we have got divorce by mutual consent vide Judgment dated: 23.01.2025 in M.C.No.398/2025 before the Principal Family Judge, Family Court, at Bengaluru. For which reason, the Respondent No. 2 herein has agreed to withdraw the criminal proceedings in C.C. No. 4941/2023 pending on the file of the II Addl. Civil Judge (Jr.Dn) & JMFC, Hosakote, Bengaluru Rural District for the offences punishable under Section 498A of IPC which is the subject matter of the instant petition and are not willing to prosecute the said case. . 2. We jointly state that, in view of the above, the 2nd respondent/complainant does not wish to continue the criminal proceedings initiated by her and has no objection for quashing the proceedings against the petitioner. Since the alleged offences are compoundable in nature, this application is filed seeking permission to compound the above said offences and thereby quashing of the proceedings against the petitioner. - 4 - NC: 2025:KHC:3269 CRL.P No. 785 of 2025 3. We have understood the contents of this application and have affixed our signature accordingly. Hence, this Hon'ble Court may pleased to allow the captioned criminal petition and accordingly quash the proceedings against the petitioner. 4. We jointly state that what is stated above is true and correct to the best of our knowledge, belief and information.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 24.01.2025. (ii) The proceedings in C.C.No.4941/2023 (arising out of Crime No.68/2022 of 1st respondent – Police) registered for the offences punishable under Section 498-A of IPC, pending on the file of the II Addl. Civil Judge (Jr.Dn.) & JMFC, Hosakote, Bengaluru Rural District, insofar as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 74