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2025 DAILYLAW 18566 (KAR)

SMT YASHASHWINI K v. STATE BY YESHWANTPURA POLICE STATION

CRL.P/2195/2024 · 2025-03-14

Hemant Chandangoudar

Transfer Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:10725 CRL.P No. 2195 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2195 OF 2024 BETWEEN: SMT. YASHASHWINI K, W/O SRI. TILAK BAIRAVA, AGED ABOUT 28 YEARS, R/AT NO.31, RAJESHWARI NILAYA, 12TH CROSS, LACHYAPPA COLONY, B.K. NAGAR, YESHWANTPURA, BANGALORE - 560 022. …PETITIONER (BY SRI. BASAVARAJ HALLAD, ADVOCATE) AND: 1. STATE BY YESHWANTPURA POLICE STATION, BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SRI. TILAK M, S/O MANJEGOWDA, AGED ABOUT 29 YEARS, NO.20/27, BEML LAYOUT, SECOND STAGE, MYSORE CITY - 570 001. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. SRINIDHI BABU B, ADVOCATE FOR SRI. RAGHAVENDRA H. EDAGI, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO ALLOW THIS PETITION AND QUASH COMPLAINT AND FIR REGISTERED IN CR.NO.354/2023 DATED 06.11.2023 BY THE RESPONDENT YESHWANTHPURA POLICE STATION FOR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10725 CRL.P No. 2195 of 2024 ALLEGED OFFENCE P/U/S 506, 504, 34, 420, 342, 417 OF IPC, VIDE ANNEXURE-A AND B, PENDING ON THE FILE OF 24TH ACMM, BANGALORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner/accused No.1 who is facing investigation for the offence punishable under Sections 506, 504, 34, 420, 342 and 417 of Indian Penal Code is before this Court seeking relief. 2. The 2nd respondent lodged a First Information Report stating that accused No.1 informed the complainant that she was close adviser of an influential politician and that she had no children. Later, accused No.1 obtained details about the complainant's house, and the complainant considered accused No.1 as a mother. In the month of December, the complainant took Rs.40 lakhs from the sale of a workshop in Mysore to Bengaluru. The complainant intended to stay in a rented house in bengaluru and start a business, but accused No.1 persuaded the complainant to stay at the address provided by accused No.1. Thereafter, accused - 3 - NC: 2025:KHC:10725 CRL.P No. 2195 of 2024 Nos.1, 2 and 3 induced the complainant to marry accused No.3 by laying a honey trap. 3. The parties are present before this court. 4. The complainant has filed an affidavit stating that the marriage with accused No.3 has been dissolved in MC.No.326/2025 and that she has agreed to withdraw all the allegations against the petitioner/accused No.3. She has also stated that she has no objection to quashing impugned proceedings. 5. The affidavit has been placed on record. 6. Although the alleged offences are cognizable and non-compoundable, given the fact that the parties have amicably resolved the dispute and the 2nd respondent has no objection to quashing the impugned FIR, it would be futile to subject the petitioner to investigation. The probability of the prosecution filing a charge sheet is remote and bleak in view of the settlement. In such circumstances, the continuation of the criminal proceedings would be an abuse of process of law. ORDER i. Accordingly, petition is allowed. - 4 - NC: 2025:KHC:10725 CRL.P No. 2195 of 2024 ii. The impugned FIR in Crime No.354/2023 registered by Yeshwanthpur Police Station, insofar it relates to petitioner/accused No.3 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 39 CT: BHK