Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16996 WP No. 2382 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 2382 OF 2025 (GM-RES) BETWEEN:
1.
MR SREEKAR OBULAMPALLI @ SREEKAR S/O LATE O. JANARDHAN RAO, AGED ABOUT 38 YEARS, RESIDING AT NO. 32, ANAND NILAYA, 3RD A MAIN, TOTAL GAS, K ANAKPURA MAIN ROAD VTC-DODDAKALASANDRA PO- DODDAKALASANDRA BANGALORE SOUTH DISTRICT BENGALURU KARNATAKA-560 062. …PETITIONER (BY SRI. SANDEEP C.T, ADVOCATE) AND:
1.
STATE OF KARNATAKA BY KONANKUNTE P.S SUBRAMANYAPURA SUB-DIVISION BENGALURU DISTRICT REP PUBLIC PROSECUTOR.
2.
SMT. MONIKA.T D/O NAGABHUSAN HOUSE NO.30,3RD CROSS NAVODAYANAGARA, BENGALURUR CITY KARNATAKA-560 078. …RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP FOR R1;
MR. AFROZ PASHA., ADVOCATE FOR R2)
Digitally signed by R HEMALATHA Location: High Court of Karnataka
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NC: 2025:KHC:16996 WP No. 2382 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA-2023 PRAYING TO QUASH THE FIR DTD. 26.12.2024 AND COMPLAINT DTD.
26.12.2024 IN CRIME NO. 459/2024 OF KONANAKUNTE P.S.
SUBRAMANYA PURA SUB-DIVISION, BENGAURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTION 351(2), 352, 69 OF BHARATIYA NAGARIK SANHITHA-2023 VIDE ANNX-A AND B OF THE WRIT PETITION AS AGAINST THIS PETITIONER IS CONCERNED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Sri M.V. Anoop Kumar, learned counsel files vakalath for respondent No.2., and the same is placed on record.
2. The petitioner challenges the registration of the crime for the offence punishable under Sections 351(2), 352, 69 of BNS, 2023.
3. The 2nd respondent lodged the FIR stating that the petitioner induced her to have sexual intercourse by promising to marry and thereafter breached the promise to marry.
4. The parties are present before this Court and have filed a joint memo and an application for compounding stating that they have amicably resolved the dispute among themselves, and to maintain cordial relationship and prevent further hostility, she intends to withdraw all the allegations and has no objections for quashing the impugned FIR and FIR was
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NC: 2025:KHC:16996 WP No. 2382 of 2025
lodged due to mis-communication and mis-understanding and the petitioner and 2nd respondent were in love with each other.
5. The joint memo and the application is placed on record.
6. Although the offences alleged against the petitioner are cognizable and non-compoundable, considering the amicable resolution between the parties, subjecting the petitioner to investigation would serve no purpose. The likelihood of Police filing the charge sheet is remote and bleak in light of the settlement. Therefore, continuing investigation against the petitioner would amount to an abuse of the legal process.
7. Accordingly, I pass the following.
ORDER:
(i) Accordingly, the petition is allowed.
(ii) The impugned FIR in Crime No.459/2024 registered by the Konankunte Police Station, Subramanyapura Sub- Division, Bangalore, insofar it relates to the petitioner herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE
HR