Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13567 CRL.P No. 2550 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.2550 OF 2025 BETWEEN:
SHERWIN ELVIN AGED ABOUT 24 YEARS S/O ELWIN RESIDENT AT: FLAT NO.22324 PRESTIGE FALCON CITY APARTMENT KONANA KUNTE BENGALURU - 560 062 …PETITIONER (BY SRI.PRAVEEN C, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY BY KONANA KUNTE P.S BENGALURU - 560 062 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001
2.
MRS. MANNE SINDHURI AGED ABOUT 35 YEARS W/O BANDA MANJUNATH RESIDING AT FLAT NO.22071 PRESTIGE FALCON CITY APARTMENT KONANA KUNTE CROSS BENGALURU-560 062 …RESPONDENTS (BY SRI.LAKSHMAN B, HCGP FOR R.1;
SRI.K.HEMANTH KUMAR, ADVOCATE FOR R.2)
THIS CRL.P IS FILED U/SEC.482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13567 CRL.P No. 2550 of 2025
THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.12455/2024 (CR. NO.462/2023) REGISTERED BY KONANA KUNTE P.S, BENGALURU FOR AN ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 323, 448, 504, 506 AND 354(D) OF THE INDIAN PENAL CODE AND SECTION 66 (E) OF I.T. ACT, AGAINST THE PETITIONER NOW PENDING ON THE FILE OF THE LEARNED XXX ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER
1. The petitioner, who has been charge-sheeted for offences punishable under Sections 323, 448, 504, 506, and 354(D) of the Indian Penal Code and Section 66(E) of the Information Technology Act, is before this Court seeking relief.
2. The prosecution alleges that the petitioner, after befriending the complainant, took certain pictures of the complainant, uploaded them as the petitioner’s WhatsApp status, and thereafter began blackmailing, demanding money, and harassing the complainant.
3. The parties are present before this Court. They have filed an application in I.A. No.3/2025 for compounding the offences, stating that they have amicably resolved the dispute between themselves. As per the settlement, Respondent No.2 has agreed to withdraw
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NC: 2025:KHC:13567 CRL.P No. 2550 of 2025
all allegations against the petitioner and has no objection to quashing the criminal proceedings.
4. Although the offences alleged against the petitioner are cognizable and non-compoundable, considering that Respondent No.2 has agreed to withdraw all allegations and has no objection to quashing the impugned proceedings, subjecting the petitioner to trial would be a futile exercise. The likelihood of conviction is remote and bleak in light of the settlement. Under such circumstances, the continuation of the criminal proceedings would amount to an abuse of the process of law.
5. Accordingly, I pass the following:
ORDER
i) The Criminal Petition is allowed;
ii) The impugned proceedings in C.C.No.12455/2024 (Cr.No.462/2023) registered by Konana Kunte Police Station, Bengaluru on the file of the learned XXX Additional Chief Metropolitan Magistrate at Bengaluru is hereby quashed.
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NC: 2025:KHC:13567 CRL.P No. 2550 of 2025
iii) Consequently, I.A.No.3/2025 is allowed, however, pending I.A.s do not survive for
consideration.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
NBM List No.: 1 Sl No.: 33