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2025 DAILYLAW 23850 (KAR)

SRI CHETAN @ CHETAN KUMAR v. STATE OF KARNATAKA

CRL.P/5574/2025 · 2025-06-12

S R Krishna Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:20272 CRL.P No. 5574 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5574 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI CHETAN @ CHETAN KUMAR S/O NARYANASWAMY AGED ABOUT 32 YEARS, R/AT NO. 119/A, KANAKANAGARA V V LAYOUT, HOSKOTE, BENGALURU RURAL – 562 114. …PETITIONER (BY SRI. RAM SINGH.K, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BENGALURU RURAL WOMEN POLICE STATION, DODDABALLAPURA, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560 001. 2. SMT. CHANDRIKA W/O MANJUNATH, AGED ABOUT 40 YEARS, R/AT VIVEKANANDA ROAD, KHB COLONY, HOSAKOTE TOWN, BENGALURU DISTRICT 562 114. …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL.SPP, FOR R-1 SRI. A.V.SAMPATH KUMAR, ADV. FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.47/2025 BENGALURU DISTRICT WOMEN PS FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 351(2) AND 64 OF BNS, 2023 PENDING BEFORE THE ADDL.CIVIL JUDGE (JR.DN) AND JMFC COURT AT DODDABALLAPURA, BENGALURU RURAL DISTRICT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20272 CRL.P No. 5574 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following relief: “Wherefore, the petitioner prays that this Hon’ble Court be pleased to quash the FIR and complaint in Crime No.47/2025 of Bengaluru District Women PS, for the alleged offences Punishable under section 351(2) and 64 of BNS, 2023 pending before the Addl. Civil Judge (Jr.Dn.) and JMFC Court at Doddaballapura, Bengaluru Rural District, in the interest of justice.” 2. Learned counsel for the petitioner – accused and learned counsel for 2nd respondent – complainant have filed an application along with Joint Affidavit dated 12.06.2025 duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused and respondent No.2 – complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid application and Joint Affidavit, which reads as under:- “APPLICATION FILED UNDER SECTION 320 R/W 482 OF THE CODE OF CRIMINAL PROCEDURE - 3 - HC-KAR NC: 2025:KHC:20272 CRL.P No. 5574 of 2025 That for the reasons stated in the accompanying affidavit the complainant/respondent No.2 and the petitioner, it is prayed that this Hon’ble court may kindly be permitted the parties to compound the case in Crime No.47/2025 for the alleged offences Punishable under section 351(2) and 64 of BNS, 2023 pending before the Addl. Civil Judge (Jr. Dvn.) Court at Doddaballapura, Bengaluru Rural District and consequently quash the entire criminal proceedings in the interest of justice and equity.” JOINT AFFIDAVIT I, Chetan @ Chetan Kumar S/o. Narayanaswamy, aged about 32 years, R/at: No.119/A, Kanakanagara, V.V. Layout, Hoskote, Bengaluru Rural – 562 114, the Petitioner (Accused) in the above petition, do hereby solemnly affirm and state on oath as follows:- I, Chandrika, W/o Manjunath, aged about 40 years, R/at W/o. Manjunath, R/at Viveknanda Road, KHB Colony, Hosakote Town, Bengaluru District – 562 114, the respondent No.2 (Complainant) in the above petition, now at Bengaluru do hereby solemnly affirm and state on oath as follows:- 1. We state that, a complaint came to be registered in Crime No.47/2025 for the alleged offences punishable under section 351(2) and 64 of BNS, 2023 and the same is under investigation by the respondent police. - 4 - HC-KAR NC: 2025:KHC:20272 CRL.P No. 5574 of 2025 2. We state that, with the intervention and on the advice of elders, well wishers we do not want to prosecute the criminal case as we have amicably settled the dispute out of the court and also in order to maintain cordial relationship and harmony we do not want to prosecute the above case culminated in to crime No.47/2025 for the alleged offences punishable under section 351(2) and 64 of BNS, 2023. 3. We state that, this settlement arrived between us is of our free will and volition and that is fress of any coercion or threat or any other means. Wherefore, we most humbly prayed that this Hon’ble court may kindly be permitted the parties to compound the case in Crime No.47/2025 for the alleged offences punishable under section 351(2) and 64 of BNS, 2023 pending before the Addl. Civil Judge (Jr. Dvn.) Court at Doddaballapura, Bengaluru Rural District and consequently quash the entire criminal proceedings 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 application and Joint Affidavit dated 12.06.2025. - 5 - HC-KAR NC: 2025:KHC:20272 CRL.P No. 5574 of 2025 (ii) The entire proceedings arising out of FIR dated 15.03.2025 in Crime No.47/2025 registered by the 1st respondent – Police, for offences punishable under Sections 351(2) and 64 of BNS 2023, pending on the file of Addl.Civil Judge (Jr.Dn) & JMFC, Doddaballapura, Bangalore Rural District, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.