- 1 - NC: 2025:KHC:13254 WP No. 9060 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 9060 OF 2025 (GM-RES) BETWEEN: 1. SRI. RAJESH BORE, S/O. RAGHUNATH RAO, MAJOR IN AGE, 52 YEARS, R/A. NO. 1264, E AND F BLOCK, RAMAKRISHNANAGARA, MYSURU - 570 022. 2. SRI. VIDYAHAMSA BHARATHI, S/O. BALAKRISHNA, AGED ABOUT 47 YEARS, R/A. NO. MAHAKALI CHKRESHWARI TEERTHAM, SRIKSHETRA TRIDHAM, RANGANAKOPPALU, PANDAVAPURA, MANDYA - 571 434. 3. SRI. ANIL KUMAR KOUSHIK, S/O. SRI.. HAYAVADANA, AGED ABOUT 60 YEARS, R/A. NO. 136, II MAIN, 4TH CROSS, CHAMARAJAPET, BENGALURU - 560 018. 4. MADHUSUDHAN S, S/O. SIDDAIAH AGED ABOUT 37 YEARS, R/A. NO.31/1, I CROSS, I MAIN, NAGENDRA BLOCK, SRINAGARA, BENGALURU - 560 018. 5. SRI. PRABHANJANA, S/O. VENKATESHMURTHY, AGED ABOUT 26 YEARS R/A. NO. 46, 9TH MAIN, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13254 WP No. 9060 of 2025 VENKATAPPA LAYOUT, HOSAKEREHALLI, BANASHANKARI, BENGALURU - 560 085. 6. SMT. SUMA AYI, W/O. VENKATESH, AGED ABOUT 70 YEARS, R/A NO. F3, NIRDHAR APARTMENTS, DHARWAD TOWN - 580 001. 7. SMT. SHILPA W/O. MADHUSUDHAN S, AGED ABOUT 30 YEARS R/A LG7. III MAIN, KUVEMPUNAGARA, MYSURU - 570 022. …PETITIONERS (BY SRI. SWAROOP S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY KUVEMPUNAGARA POLICE STATION, MYSURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. 2. SMT. B.V. KALPANA, W/O RAJESH BORE, AGED ABOUT 41 YEARS, R/A NO. 1264, E AND F BLOCK, RAMAKRISHNANAGARA, MYSURU - 570 022. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. V. RAGHAVENDRA MURTHY, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF THE CR.P.C PRAYING TO DIRECTION TO QUASH THE COMPLAINT AND FIR DATED 07.09.2018 REGISTERED IN CRIME NO. 135/2018 IN FOR OFFENCES PUNISHABLE UNDER SECTIONS 354A, 354B, - 3 - NC: 2025:KHC:13254 WP No. 9060 of 2025 149,504, 448, 506, 307, 363, 354 AND 323 OF IPC (ANNEXURE-A AND B) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Learned High Court Government Pleader accepts notice for the respondent–State. Sri V. Ragavendra Murthy, learned counsel, undertakes to file vakalat/power on behalf of respondent No.2. 2. The petitioners, who have been charge-sheeted for the offences punishable under Sections 323, 448, 307, 363, 354, 354A, 354B, 504, and 506 read with Section 149 of the IPC, are before this Court seeking relief. 3. The prosecution alleges that accused No.1 is the husband of the de facto complainant, and the other accused are his acquaintances. It is alleged that on 04.09.2018, accused No.1, along with the other accused, came to the matrimonial home, abused and assaulted the de facto complainant, outraged her modesty, and also attempted to kill her. - 4 - NC: 2025:KHC:13254 WP No. 9060 of 2025 4. Accused No.1 and the de facto complainant are present before this Court and have filed a joint affidavit stating that they have amicably resolved the dispute between themselves. As per the terms of the settlement, the de facto complainant has agreed to withdraw all the allegations against all the accused and has no objection to the quashing of the impugned proceedings. She further states that she is presently leading a cordial matrimonial life with accused No.1. 5. There is no medical evidence on record to show that the de facto complainant sustained any injuries as a result of the alleged assault by the petitioners. Moreover, the charge sheet material does not disclose any overt act indicating an attempt by the accused to kill the de facto complainant. Although the offences alleged are cognizable and non-compoundable, in light of the amicable settlement between the parties, subjecting the petitioners to trial would serve no useful purpose, especially when the probability of conviction appears remote and bleak. In such circumstances, the continuation of the criminal proceedings would amount to an abuse of the process of law. ORDER i. Accordingly, petition is allowed. - 5 - NC: 2025:KHC:13254 WP No. 9060 of 2025 ii. The impugned proceedings in SC.No.205/2023 on the file of IV Additional District Judge, Mysuru is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 62 CT: BHK