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2025 DAILYLAW 14913 (KAR)

NANDAN KUMAR A V v. STATE OF KARNATAKA

CRL.P/943/2025 · 2025-01-24

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:3258 CRL.P No. 943 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. 943 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: NANDAN KUMAR A V S/O. VENKATESHA. A.V., AGED ABOUT 35 YEARS, VEERABADRESHWARA NAGAR, BENGALURU-560 094. …PETITIONER (BY SRI. RAGHAVENDRA GOWDA K.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY SANJAY NAGAR POLICE STATION, BENGALURU, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001. 2. REKHA C/O. LATE GOVINDASWAMY, AGED ABOUT 32 YEARS, RESIDING AT NO. 2, GUDAPPA LAYOUT, NAGASHETTAHALLI, SANJAYNAGAR, BENGALURU-560 094. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R-1 SRI. KARTHIK KUMAR.K, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR REGISTERED BY THE RESPONDENT SANJAY NAGAR POLICE BENGALURU IN CR.NO.222/2024 FOR THE OFFENCE P/U/S 115(2),308(2),318(4),351(2),77,81 OF BNS PENDING ON THE FILE OF 8TH A.C.M.M COURT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3258 CRL.P No. 943 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner has sought for the following reliefs:- “WHEREFORE, the Petitioner most respectfully prays that this Hon’ble court be pleased to: a) Quash the F.I.R. registered by the Respondent Sanjay nagar Police, Bengaluru in Crime No.0222/2024, for the offences punishable under Section 115(2), 308(2), 318(4), 351(2), 77, 81 of Bharatiya Nyaya Sanhitha (BNS) pending on the file of 8th Additional Chief Metropolitan Magistrate court, Bengaluru. b) Call for the relevant records in Crime No.0222/2024 on the file of 8th Additional Chief Metropolitan Magistrate court, Bengaluru. c) And grant such other relief or reliefs as this Hon’ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity.” 2. Learned counsel for the petitioner – accused No.1 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit dated 24.01.2025 duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused No.1 and his counsel and counsel for respondent No.2 are physically present before the Court and they - 3 - NC: 2025:KHC:3258 CRL.P No. 943 of 2025 admit the contents of the aforesaid Joint Affidavit, which reads as under:- JOINT AFFIDAVIT “I Sri. Nandan kumar, S/o Venkatesha A.V., Aged about 35 years, Veerabadreshwara Nagar, Bengaluru today at Bengaluru, do hereby solemnly affirm and state as follows: I, Smt. Rekha W/o late Govindaswamy, Aged about 32 years #No.2, Gudappa layout, Nagashettahalli, Sanjaynagar, Bengaluru, do hereby solemnly affirm and state as follows: 1. We submit that the Petitioner and Respondent No.2 in the above case, we know the facts of the case and hence, we are swearing to the contents of this affidavit on our behalf. 2. We submit that the petitioner have filed the above petition seeking to quash the F.I.R. in Crime No.0222/2024 for the offences punishable under Section 115(2), 308(2), 318(4), 351(2), 77, 81 of Bharatiya Nyaya Sanhitha (BNS) pending on the file of 8th Additional Chief Metropolitan Magistrate court, Bengaluru. The grounds urged in the main petition may kindly be read as part and parcel of this affidavit so as to avoid repetition. 3. We submit that, Petitioner and the Respondent No.2 herein, at the intervention of the elders and well-wishers in order to put an end to the litigation, we have settled the dispute amicably between us. Petitioner and the complainant are in relationship for more than 5 years and as there were some misunderstandings and difference of opinions relationship turned sour and that resulted in outcome of the present F.I.R. Now petitioner and complainant have agreed to put an end to this litigation we are no longer interested in continuing the case further hence we humbly pray this Hon’ble court to permit us to compound the case. - 4 - NC: 2025:KHC:3258 CRL.P No. 943 of 2025 4. We submit that, we are swearing this affidavit out of our own will and wish, there is absolutely no influence, force or coerce from anybody in whatsoever manner. 5. We submit that, if this application is allowed then no harm or injury would be caused to either of the parties. On the other hand, if this application is not allowed then the Petitioner would be put to irreparable loss and injury which cannot be compensated in terms of money. Wherefore, it is prayed that this Hon’ble Court be pleased to permit the Petitioner to compound the offences, in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the Joint Affidavit dated 24.01.2025. (ii) The impugned proceedings pursuant to FIR in Crime No.222/2024 registered by the 1st respondent – Police for the offences punishable under Sections 115(2), 308(2), 318(4), 351(2), 77, 81 of BNS, pending on the file of VIII Addl.CMM, Nrupathunga Road, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.